An alleged domestic abuser who rejects accusations he grievously injured his wife and confined her to their home is, to a degree, "victim blaming", a magistrate has said.
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The accused Dunlop man, who cannot be named for legal reasons, appeared on Monday in the ACT Magistrates Court via audio-visual link from the Alexander Maconochie Centre.
His lawyer, Rana Abbas, applied for the man to be bailed and disputed police documents that allege he slapped, punched, and choked his wife, and seriously injured her arm on April 28.
The accused man has not entered pleas to charges of intentionally inflicting grievous bodily harm, unlawfully confining a person, common assault, and two counts of choking, suffocating or strangling a person.
The documents, which have been tendered to the court, said the man pushed his wife and grabbed her around her throat in an attempt to prevent her from breathing and speaking. The documents said the woman thought she was going to die before her husband let go of her neck and grabbed and held her nose.
"A short time later, [the woman] broke free of the defendant's grip and ran through the house where she sought the assistance of the defendant's mother," the documents said.
"The defendant's mother told [the woman] that it was her role to respect her husband and do as she was told."
The documents said the man punched one of his wife's arms repeatedly and paramedics later suspected it was broken.
Mr Abbas on Monday told the court the woman would have had one arm free during the alleged assault and could have fought back. He said the "mere suspicion" that her arm was broken did not "constitute an argument for refusal of bail".
"She is a grown-up woman. I am instructed that she is even stronger than the defendant," Mr Abbas said.
The documents said the accused man blocked his wife's attempts to leave the house by putting himself between her and the front and garage doors of the residence. Mr Abbas said this did not amount to unlawful confinement, but to an "obstruction".
He said the woman had "ample opportunity to leave" when her husband allegedly closed all the house's curtains and windows. The documents said it was after he closed the curtains and windows that he punched his wife.
Mr Abbas said the man's alleged conduct did not constitute the choking charge because his wife "did not lose breath".
Magistrate Bernadette Boss said legislation had been updated and the woman did not have to lose breath in order for the man to be charged with choking.
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She said the submissions made on the accused man's behalf and his attitude towards the alleged offending indicated a degree of "victim blaming", and it was "troubling" the accused man continued in this vein.
"It would seem that these allegations represent an escalation of violence within the relationship," Dr Boss said.
She refused the man bail to appear in court again later this month.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
