Defence lawyer says client accepts assault in victim's home also aggravated offending

Defence lawyer Mitchell Brooks said Boe W.K. Makiri's assault of the woman was also made worse by the fact this took place in her home.

"It is Mr Makiri's first offence of this nature, his first offence of any kind," Mr Brooks told Albury Local Court magistrate Richard Funston on Tuesday.

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A catalyst for the assault was the ongoing financial and emotional stresses created by COVID-19 pandemic lockdowns, he said.

"He makes clear he hasn't been under stress like that in the past."

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Makiri, who now lives in Melbourne, previously pleaded guilty to common assault, assault occasioning actual bodily harm and destroy or damage property.

Mr Brooks submitted that while the assault occasioning was a more serious charge than the common assault count, this was not borne out by what actually transpired with Makiri.

He said Makiri's partner - who supported him in court on Tuesday - might have been injured, but this was due to reckless and not intentional behaviour.

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The victim suffered a cut next to her left eye when Makiri threw toys at her, but he later told police that while he accepted what he did he had no memory of the incident taking place.

Mr Funston told Makiri he was impressed with what he had done since the incident happened, noting his enrolment in a men's behavioural change program in Melbourne.

"But that was a serious crime and if you come back before me again on something like that I will lock you up," he said.

Instead, Mr Funston sentenced Makiri to a 12-month community corrections order.

The assault took place in their then-shared home in Bogong Street, Thurgoona, on June 9 about 11.30am.

They argued about their four-year-old, then she told Makiri to not yell at the child.

In response, he assaulted the woman.

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