A 44-year-old Smithton man recently found not guilty of alleged sustained and violent assaults of his ex-partner had a history of violence, a court has heard.
Earlier in November, Patrick Kerry Ainslie was found not guilty by a jury in the Burnie Supreme Court of persistent family violence, but guilty of emotional abuse and intimidation between January and July 2019.
"There is a history, in my submission, of violent offending," Ms Edwards said.
She told the court Ainslie had been convicted of criminal code assault which she said was a family violence matter, and sentenced to a wholly suspended four month jail term.
However, that was a significantly dated matter having occurred in February 1998, which defence lawyer Benjamin Ashman highlighted.
Ms Edwards also outlined a number of other assault matters which were detailed across multiple pages of a record of prior convictions.
She said he was also convicted previously of an assault against the complainant in the current matter, but it was accepted that matter was "extremely minor".
On the jury's verdict of guilt in relation to the emotional abuse and intimidation charge, Ms Edwards said Justice Geason could find sufficient evidence of verbal abuse, threats, damage to property and restriction of access to a mobile phone.
Mr Ashman, however, said the evidence showed that the complainant was only restricted from using her phone for at most two days in the six month complaint period.
He said his client accepted there was verbal abuse, but said that the abuse "went both ways".
Mr Ashman said his client had difficulties with his memory, having suffered a brain injury during an assault in 2006.
"He was struck to the head by a piece of wood and received fractures to his skull, collarbone and face," Mr Ashman said.
He also said Ainslie's childhood had been characterised by violence at the hands of his father, and the relationship with the complainant had been marred by methylamphetamine and cannabis use.
Justice Geason adjourned sentencing on the matter to December 14 and remanded Ainslie in custody.
- For those seeking help, Family Violence Counselling and Support Service is available on 1800 608 122 from 9am to midnight weekdays, and 4pm to midnight on weekends and public holidays.
- Telephone and online counselling is available at 1800 RESPECT or by calling 1800 737 732.
Sandy Powell
Court and crime reporter covering the West and North-West of Tasmania for the Advocate.
Court and crime reporter covering the West and North-West of Tasmania for the Advocate.
