A Tasmanian man who strangled his partner after she started to punch him because he was “ignoring her” as they lay in bed together has avoided immediate jail time.
Daniel John Hursey, 38, was found guilty by a jury of strangulation during a recent appearance in the Supreme Court.
Justice Stephen Estcourt described Hursey as “a large man with fighting experience” and his partner as “very small”.
He said after an argument on October 9, 2022, the woman punched Hursey, prompting him to roll over and place his hand across her throat.
Hursey then pinned her down and applied pressure to her throat for four to five seconds, leaving her unconscious.
Justice Estcourt ruled out self-defence as a motive, saying Hursey “could not … have believed that he needed to defend himself”.
“He retaliated, in my judgment, after considerable annoyance from the complainant,” he said.
The judge noted that the assault caused no lasting injuries and that Hursey had no prior convictions.
Instead, he said the offence “may be regarded as wholly out of character”.
“I have had a victim impact statement read to me and I take it into account, but regard it with some caution having observed the complainant as a witness in court over a period of time,” Estcourt said.
“Strangulation is a serious crime to be distinguished from other forms of assault comprising family violence because of its terrible potential consequences, including death.”
“Violence against women is a matter of grave concern to the Australian community. It cannot be tolerated.”
He imposed a fully suspended 12-month prison sentence.
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