Lavington man was 'angry' that he woke up in morning without her by his side

Jack Elphick woke up, in a room inside a shed, at the Sugar Gum Road home on January 26 and called out to the woman.

The 26-year-old - who had a long history of dishonesty and break-in offences, but nothing for domestic violence - was angry the woman wasn't with him.

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Police have told Albury Local Court that after Elphick called out, she went to the shed.

After a short conversation, the victim turned to leave.

It was then that Elphick charged at the woman from behind, tackling her to the ground.

"As the victim was on the ground, the accused kicked the victim to the head," police said.

The attack was stopped by a friend of the woman who had been staying at the home. After the intervention, the victim fled.

In opposing bail for Elphick, who will be sentenced on March 21, prosecutor Sergeant Andrew Pike said that while there was no such violence on his record, the "very nature of the offence" meant he should not be released.

Defence lawyer Sascha McCorriston submitted to magistrate Sally McLaughlin that conditions could be attached to Elphick's bail to mitigate the risk of him posing any threat to the victim.

She said Elphick had strong ties to the community and could live with his father.

Ms McLaughlin, who earlier had noted how the offence was "a serious example of assault occasioning actual bodily harm", granted bail.

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Elphick, of Kemp Street, Lavington, pleaded guilty to this assault charge and to destroy or damage property.

He and the victim, 35, had been in an occasional relationship for about 12 months.

The second charge related to an incident the following day when Elphick went to an East Albury residence being house-sat by the victim.

He knocked at the door and then attempted to convince her to let him inside, but she refused.

Moments later she heard a noise and saw that Elphich, who had damaged the security door in forcing it open, was inside.

He refused to leave and, instead, "made himself at home" and took a shower.

While that happened, the woman messaged her sister, telling her to contact police.

He was arrested the next day at 9.30am.

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