A MAGISTRATE has issued a stern reminder to a man who grabbed a woman in front of their children after she made a blunt confession.
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The man - who cannot be named for legal reasons - left Bathurst Local Court on June 28, 2023 without a conviction next to his name after he pleaded guilty to common assault (domestic violence).
Police documents before the court said an argument was sparked when the victim in the matter went to the man's home at about 7pm on June 7, 2023 to collect their children.
It was during the pre-arranged exchange that the woman wanted to talk about her affair, according to the police documents.
"I hope you're satisfied," she said to the man, who began to walk away.
"That would be [expletive] right, don't have a conversation with me now."
The woman got into her car and shut the door when the man walked up to the vehicle and asked what she said, according to the police documents.
After she bluntly stated that she had slept with another man during their marriage, the man began to yell.
"You need to stop, you're scaring the children," the woman said.
![The front gate at Bathurst Courthouse. Picture by James Arrow The front gate at Bathurst Courthouse. Picture by James Arrow](/images/transform/v1/crop/frm/5QSV2wJYJi8ZgVyWibkV7A/b6742d25-db65-4b3a-9fbf-0408e4282844.jpg/r0_0_7728_5152_w1200_h678_fmax.jpg)
After she got out of the car to move away from the man, he pulled her forearm as the vehicle began to roll.
Using his mobile phone, he began to record the victim while saying: "Go on, say it again ... say it to the camera ... say you slept with this guy ... keep your legs closed".
The victim began to record the man before he went back inside as she left.
The victim then went to Bathurst Police Station and gave an electronic statement.
Police said they went to the man's home in Kelso and spoke with him about the dispute.
He said that while the victim was in the car, she snatched his phone, so he grabbed her wrist and pulled it to get it back.
It was at that point that he said he began to film.
Sentence
Solicitor Shane Cunningham asked the court to deal with his client without a conviction given the circumstances.
Mr Cunningham said the couple's separation in January 2023 had "taken a toll" on the man's mental health.
"It hit a raw nerve ... he asked how she could do it before he pulled her away from the car to keep her out of harm's way," Mr Cunningham said.
Magistrate Elizabeth Ellis accepted Mr Cunningham's request for a non-conviction, but not without a stern reminder for the man.
"You're not the only one in this equation. The children are a part of this," Ms Ellis said.
"Children learn what they live, some part of them will then think this is okay ... but domestic violence never is.
"Both of you know how to hurt each other better than anyone else, and it's a pity."
The man was placed on a conditional release order (without conviction) for 18 months.
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