A former Albury man's relocation to Melbourne for work has helped him avoid jail on serious domestic violence and driving charges.
Magistrate Richard Funston has expressed his annoyance at Brayden Lonesborough failing to front Albury Local Court in person.
Instead, Lonesborough chose to dial in by way of a video link to his home in the Melbourne suburb of Windsor.
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"You are seriously a person facing a jail sentence," he told Lonesborough, who broke the victim's mobile phone before roughly grabbing her arms, causing her sharp pain, and pushing her into a wall.
Mr Funston also pointed out to Lonesborough how this was the not first time he had driven while disqualified.
Lonesborough - who had been unemployed until recently finding work in Melbourne - had hoped, as submitted by defence lawyer Mitchell Brooks, that he could be placed on a community corrections order.
He would not be eligible for custody by way of an intensive corrections order served in the community because he no longer lived in NSW, and lockdown orders over the COVID-19 pandemic meant he could not leave Melbourne.
Mr Funston did not take kindly to this suggestion.
"I mean, you're not in any position to name any terms or conditions of what this order will be," he said.
Nevertheless, Mr Funston said it was probably "in everybody's interests" for Lonesborough to not be jailed, but instead remain in Melbourne so he could hold on to his job.
With that, he imposed a two-year community corrections order after Lonesborough, 28, pleaded guilty to a domestic violence-related assault occasioning actual bodily harm and the unrelated second offence of driving while disqualified.
The assault charge related to an incident on Christmas Eve on Lonesborough and his partner of four months waking up in her Valley View Drive, West Albury, home about 8.30am.
Lonesborough began abusing the now 52-year-old, claiming she had been unfaithful to him.
He first broke her phone and then he "has taken hold of the victim's arms, causing bruising on her biceps" before pushing her into the wall, causing back pain.
Lonesborough was also convicted and fined $600 over the assault.
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