Symbols of law: wood gavel, soundblock, scales and opened volumetric old books
Symbols of law: wood gavel, soundblock, scales and opened volumetric old books
A 73-year-old man said it would have been inappropriate to continue with his job after committing a domestic violence offence. Victor Sollum Mackey pleaded guilty to assault with intent to injure. He was sentenced to three months home detention, the curfew being from 7pm to 7am. Judge Warren Cathcart saidthe offence was serious and involved strangulation.
On September 22 last year, Mackey and his partner arrived home after drinking. Mackey wanted to speak with his grandson but received no answer when he called his cell phone. Mackey’s partner told him his grandson would no doubt call if he needed a ride home. That was a “sensible suggestion” Judge Cathcart said. But it angered Mackey, who told the woman to mind her own business.
He followed her into a lounge room, put his hands on her shoulders, shook her and yelled. Without warning he put his hands around her throat and squeezed hard for a couple of seconds. The woman said Mackey’s eyes were wide — he had never done that before. She seized an opportunity and fled the house.
Strangulation a 'red flag' for homicidal tendenciesJudge Cathcart told Mackey the courts now recognised acts of strangulation as a red flag for homicidal tendencies.
Counsel Lucy Rishworth said Mackey’s actions were out of character. He had already suffered enormous consequences. He felt obliged to retire, his relationship ended for a time, and his friends expressed their disdain and surprise at his offending. Ms Rishworth sought a sentence to come up if called upon, with an emotional harm payment to the complainant.
But Judge Cathcart said the offending was serious. The charge could carry a prison term of up to three years. He set a starting point of eight months imprisonment. Mackey had a previous relevant conviction for assault but it was historic and no uplift was warranted.
Starting point halved due to lifestyle alterationMackey’s attendance at restorative justice and changes he claimed to have made to his drinking habits were significant enough to halve the starting point. For his guilty pleas, there was an additional discount of 25 percent.
The judge said community detention was the most appropriate outcome. At Mackey’s age, neither alternative of community work or supervision was appropriate.
