Sentence reduced for assault on woman

Toby David Roberts, 44, was sentenced to two years and eight months jail in the ACT Magistrates Court in July for contravening the court order and assault occasioning actual bodily harm. Both charges carry a maximum sentence of five years jail.

But Roberts immediately challenged the severity of the sentence in the ACT Supreme Court.

An interim protection order was made against Roberts in December last year, which forbade him from contact with the woman.

In February, Roberts lured the woman to a house to collect some keys, but then followed and abused her.

He held his fist at shoulder height as if ready to punch her, but instead pulled her sunglasses from her head, snapped them in half, and threw them at her face.

One half hit her above the right eye, while the other struck her on the chin, causing minor injuries.

The victim called police and Roberts was arrested, and has remained in custody since.

The court heard Roberts, who suffered from bipolar disorder and depression, had consumed a cocktail of alcohol and drugs on the day of the offence.

He had 16 convictions on his criminal history, including nine for breaching protection orders.

A presentence report assessed Roberts as a medium risk of reoffending.

The author said Roberts had shown remorse for his actions and had sought to change his behaviour through counseling.

Defence barrister Ray Livingston, who represented Roberts at the Supreme Court hearing, argued the sentence was manifestly excessive and not enough discount was provided for the guilty plea.

Justice Richard Refshauge, in a judgment handed down on Friday, found the jail term had been excessive.

But the judge said it was a serious offence with little room for leniency, given Roberts criminal history.

“There was some glimmer of hope for rehabilitation and his risk of re-offending was assessed as medium,” Justice Refshauge said.

The judge reduced the jail sentence to two-years-and-one-month.