A man who bit a woman on the nose during a violent assault was sentenced to a total of two-and-a-half years' jail by a Supreme Court judge.
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Thomas James Aliano, 43, was jailed for 18 months for the assault on a 27-year-old woman at Rocherlea in February last year and a further year's jail for a vicious attack on an amputee in Risdon Prison in September 2019.
The assault on a family friend Joellie Tuthill occurred just weeks after she had taken him in when he was homeless after being released from jail.
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Disharmony developed and an argument about electrical cables prompted the assault.
"You grabbed her by the throat and bit her on the nose and called her a slut and that she should die," Justice Robert Pearce said.
He said that there was very strong evidence that she was bitten with photographs showing skin broken on both sides of her nose.
"He put his whole face over my nose and bit down, drawing blood," she said when giving evidence.
Justice Pearce said it was obvious that the jury rejected Aliano's evidence that she had suffered the injury when she headbutted him.
"I'm five foot, two inches and he's seven-foot tall, I do not know how it would be physically possible for me to headbutt him," Ms Tuthill said in evidence.
Justice Pearce said that the jury had also found him guilty of grabbing her around the throat for a second time.
He said that two further alleged assaults of pulling her hair and putting a pillow over her face were not accepted by the jury, probably because of the lack of blood on the pillow and a towel.
"It is likely that the complainant overstated some aspects of the incident but nevertheless it was a very serious assault," he said.
He said that Aliano was a large man compared with the complainant.
"I reject that you believed force was needed to defend yourself," Justice Pearce said.
"The serious danger of death by strangling is well recognised."
Justice Pearce said the prison assault breached a three-month suspended jail sentence.
In that assault Aliano punched, kicked and stomped on the head and neck of a man, who is a right leg amputee, and was housed in the same unit.
The assault breached the suspended sentence which was activated, but ordered to be served concurrently with the new sentence.
He said that the assault came a week after Aliano was diagnised with a brain tumour.
"The prison environment is difficult and you were sometimes taunted," he said.
Justice Pearce detailed Aliano's record which included many jail terms including seven assaults and assault police.
"Your prospects of rehabilitation are poor and for the protection of the public there is a need for a significant sentence," Justice Pearce said.
The sentence was backdated to June 8, 2020 to take into account time spent in custody, He would not be eligiible for parole until he served 20 months.
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