Victim’s grace acknowledged by judge after “dreadful assault” in which she was punched, kicked and strangled

The stress between a young couple reached boiling point after the woman arrived home to find her partner asleep on the couch and the house full of smoke from a pot left unattended on the stove. Photo / 123RF

Ewan Reardon subjected the mother of his infant daughter to a two-hour assault, including trying to strangle her, after she arrived home to find him asleep on the couch and the house full of smoke.

A cooking pot had been left on the stove but Reardon fell asleep while caring for the couple’s baby girl.

It was May this year, and the events which followed the initial and then a subsequent assault, have left Reardon’s now former partner struggling to cope, both emotionally and from a practical sense in her newfound role as a single parent.

“This was simply a dreadful assault and the effects must be patently apparent by the victim impact statement,” Judge Richard Russell told Reardon as he stood motionless in the dock at the Nelson District Court.

The 22-year-old road worker, who spent time in custody on remand and then on electronic bail as he waited to be sentenced, appeared resigned to a fate of further time behind bars.

A man who assaulted and strangled his partner avoided prison "by the skin of his teeth", helped by the victim who said it wasn't the best place for him. Photo / Getty Images

But, he was saved from a prison term by “the skin of his teeth” and the wishes of the victim of whom Judge Russell made special mention of.

“She doesn’t want to see you go to prison, but she wants you to get the help you need.

“She’s a remarkable person in that regard,” Judge Russell said.

On two separate occasions in May this year, Reardon assaulted and strangled his then partner - the first of which formed the lead charge on which he was sentenced to nine months’ home detention at a Canterbury address and 150 hours’ community work.

It was about 10pm on the night of May 10 when the victim arrived home to a house full of smoke from a pot that had been left on the stove and found Reardon asleep.

The couple, who’d been together since they were teens had recently grown apart. The cracks widened with the stresses of a newborn, the court heard.

On that night, Reardon and the victim began to argue.

He then slapped her on the head and punched her around the shoulders and in the stomach and thighs as the argument escalated.

The police summary described it as a prolonged assault, during which Reardon pinned her down, and then squeezed his hands around her neck and throat, which left her unable to breathe for several seconds.

Police prosecution said the assault lasted almost two hours before the victim drove Reardon to the police station where he was to have handed himself in, but left.

He was later found by police at his address, and told them he’d “strangled the victim in an attempt to stop the argument”.

Reardon was on bail, with strict instructions not to contact the victim unless she initiated communication for the purpose of childcare arrangements.

Ten days after the first assault the victim went to the house where Reardon was living, but an argument developed soon after and she was punched in the jaw.

Reardon continued to hit the victim with an unknown object across her back, which left a welt. He then twisted her arm and punched it, before hitting the victim on the lip and kicking her in the stomach to the point she was winded.

He then grabbed her by the throat and squeezed it to the point it blocked her breathing.

Reardon then threatened to physically harm himself if the victim left so she stayed to make sure he was safe and left the next morning.

Judge Russell said the consequences and emotional impact had been horrific, and that the court had zero tolerance for domestic violence.

He acknowledged Reardon’s early guilty pleas to two charges of strangulation, plus a charge of assault with intent to injure and assault on a person in a family relationship.

The victim was in the rear of the court, and declined to read out her statement, which Judge Russell described as one of the most well-written victim impact statements he had seen for some time.

“The offending has significantly affected her life, including that she now suffers panic attacks and anxiety and is coping with financial stress caused by the end of the relationship.

“She is struggling to look after your daughter.

“At times she has felt she has no fight left and is only just surviving.

“She struggles every day with the motivation to keep going,” Judge Russell said.

A man who assaulted and strangled his now former partner was sentenced to nine months' home detention and community work in the Nelson District Court. Photo / Tracy Neal

He also made reference to Reardon’s remorse, his supportive family who described what happened as totally out of character, and that Reardon had been on prescription medication for anxiety and depression which may have been a factor in his behaviour.

“She says you have been a good father to your daughter and is conscious you have mental health issues which need addressing.

“She truly believes prison is not the best course for you. She wants you to be able to return to work once you are fit and able,” Judge Russell said.

He said while prison was appropriate for the wrong done, Judge Russell took into account a string of factors to arrive at the sentence he did.

The initial assault made up the lead charge, with aggravating features, including the aggravated violence, the fact there was a child in the house and the vulnerability of the victim.

Judge Russell acknowledged the second assault occurred after the victim had chosen to visit Reardon, but that didn’t lessen the aggravating features including that he had hit, punched and kicked the victim and held her around the throat.

From a starting point of four years in prison, Judge Russell applied adjustments for Reardon’s remorse, his background and age and the possibility that medication may have impaired his behaviour.

Further adjustments were made for time he had already spent in custody, to arrive at the home detention and community work sentence. Reardon was also ordered to pay $1000 emotional harm reparation to the victim.

Judge Russell’s parting warning to Reardon as he left the dock was that he planned to keep an eye on him through three-monthly progress reports, to make sure he followed through on taking part in appropriate courses and programmes designed to help him.

“If you come back to court again you will be writing your own ticket to a lengthy prison term.”