A Scottsdale man who appealed his sentencing for an assault during which he choked his partner of six years while their children were watching has had his appeal dismissed.
Kent Andrew Brown, 31, appealed the three-month prison sentence, which included two months of it suspended, claiming the sentence was manifestly excessive.
Brown was handed the sentence in the Scottsdale Magistrates Court in June by Magistrate Simon Brown who detailed how the assault had occurred in Brown's "marital home", while he was drunk, and while his young son and daughter were watching.
The Magistrate's Court heard one of the children was afraid for the life of his mother during the assault and jumped on Brown's back, hit him and said, "Mum's going to die".
Brown only stopped choking his partner when she kicked him in the crotch and aggravated the situation afterwards by yelling at her and threatening her.
The assault had followed an argument between the pair.
Brown's defence counsel submitted a wholly-suspended sentence, but acting Justice David Porter in dismissing the appeal disagreed.
"The assault was made up of physical acts of a domineering, controlling and risky nature," he said.
"Given the nature and circumstances of the assault, the magistrate was entitled, if not obliged, to pay particular regard to the factors of general deterrence and denunciation.
"In my view, all things considered, the sentence is not shown to be manifestly excessive."
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