A man has been given a custodial sentence in Orange Local Court for assaulting his pregnant partner after she threw his PlayStation controller and headset at a wall during an argument.
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The 26-year-old man from Orange is not named to protect the identity of the victim.
According to court documents, the woman was six weeks pregnant and in bed with the man when she woke up to get a cigarette at 7.15am on Wednesday, June 15 last year.
However, when she couldn't find any she woke the man, which resulted in an argument.
As the argument continued, the man started yelling insults at the woman and she threw his PlayStation controller and headset towards the opposite wall.
This made him upset and he pushed her out of the room causing her to bump her hip and a red mark formed.
The man pleaded guilty to common assault domestic violence after the "agreed facts" document was significantly amended.
Solicitor Andrew Rolfe said the man has moved on from the relationship and has left the Orange area with no desire to return.
"He accepts the relationship was a toxic relationship and it's now over," Mr Rolfe said.
"He lost his Orange employment because of the need to move to Sydney."
Mr Rolfe said the man has two other domestic violence matters on his record and he is seeking help for mental health issues.
Magistrate David Day said it was not good enough to say that it was a toxic relationship.
"It is the law in NSW if you breach an ADVO with violence the first port of call is jail, and that's for people with no criminal record at all," he said and the man bowed his head.
"[The] assault was low level but it was still common assault," Mr Day continued.
"He does have prior convictions and prior sentences for domestic violence related matters."
Mr Day convicted the man and gave him a seven-month intensive correction order from August 9 to March 8, 2024.
The order is equivalent to a community-based jail sentence.
Under the conditions of the order, the man will have to complete 50 hours of community service
Mr Day gave the man an identical sentence for contravening an apprehended domestic violence order that was in place at the time of the assault.
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