The impact caused pain to Jennifer’s arm and she told Mischefski to leave which angered him and he approached her with a closed fist as she held the baby.
Mischefski pushed his victim before grabbing the hood of her jersey and applying pressure to the point she couldn’t breathe.
“The victim was disorientated for a few moments,” Judge Krebs said.
“She feared for her life and wondered what would happen to the children if she lost her life.”
He invited Jennifer to address the court and detail the steps the couple had since taken to identify the issues driving Mischefski’s offending.
Jennifer said a restorative justice conference had been very productive.
“I’m very proud of him.”
Judge Krebs said there had been an open and honest discussion between the couple which was a positive development and Jennifer wanted to work on their relationship.
“Things that have never been said before and needed to be said.
“You are very lucky to have a woman as honest as Jennifer in your life - don’t you go and muck it up.”
Defence lawyer Richard Leith said Mischefski now understood there were triggers to his offending which he was trying to get to grips with.
Leith submitted Mischefski’s motivation to address his anger issues and good compliance on electronically monitored bail should result in a community-based sentence.
The judge acknowledged submissions from police prosecutor Sergeant Stephen Butler detailing aggravating factors including the presence of children and the victim was close to losing consciousness after being unable to breathe for at least 10 seconds.
Judge Krebs began with a sentence of 28 months imprisonment before giving a 25 per cent discount for Mischefski’s early guilty pleas, 10 per cent credit for rehabilitation and remorse as well as a further reduction for time spent in custody.
He then converted the sentence of 15 months imprisonment to one of seven months and two weeks’ home detention.
