Woman strangled on floor in front of young son

Judge Michael Crosbie sentenced Jury to eight months' home detention. Photo / File

A woman who was strangled for nearly 40 seconds by her partner believed she was going to die in front of her son.

The 11-year-old watched Samuel Gordon Jury, 35, commit the prolonged violent act but the defendant himself said he did not remember the incident.

Despite pleading guilty to strangulation, the man claimed he "blacked out" when he snapped following a spat with the victim.

Yesterday he appeared in the Dunedin District Court as only the second person to be sentenced on the charge, which was passed into legislation late last year.

Judge Michael Crosbie sentenced Jury to eight months' home detention.

"This needs to serve as a wake-up call to men who engage in family violence but go that step further," he said.

"This offending occurred in the context of an intimate relationship, where one of the most important features is trust."

Jury got up at 7.30pm on February 4 to prepare for his night shift at work.

An argument arose between the couple during which the defendant's faithfulness was brought into question.

Jury's girlfriend became so upset she pushed a television off a shelf before slapping him three or four times in the face.

While the provocation was undeniable, Judge Crosbie said, the man's reaction was totally disproportionate to the circumstances.

Jury pushed the victim on to the floor.

He then straddled and throttled her for up to 40 seconds, during which the woman struggled to breathe.

Once it was over, she took her son, who saw the attack, and retreated to a bedroom.

Jury, meanwhile, had gone to the kitchen, brought his dinner to the bedroom door and dumped it on the floor.

The victim picked up the plate and the defendant struck it, breaking it.

The judge condemned the violence but was impressed with Jury's efforts since the offending.

He had taken full responsibility for his behaviour and had almost completed a 20-session Stopping Violence course.

The defendant had found it so valuable, counsel Andrew Dawson said, that he planned to continue the counselling beyond the programme's end.

Judge Crosbie noted Jury was well respected at work and enjoyed the ongoing support of his family.

He gave the man leave, once halfway through the sentence, to apply to have it converted to community detention, perhaps with community work and supervision.

If you're in danger now:

• Phone the police on 111 or ask neighbours of friends to ring for you.

• Run outside and head for where there are other people.

• Scream for help so that your neighbours can hear you.

• Take the children with you.

• Don't stop to get anything else.

• If you are being abused, remember it's not your fault. Violence is never okay

Where to go for help or more information:

• Women's Refuge: Free national crisis line operates 24/7 - 0800 refuge or 0800 733 843 www.womensrefuge.org.nz

• Shine, free national helpline 9am- 11pm every day - 0508 744 633 www.2shine.org.nz

• It's Not Ok: Information line 0800 456 450 www.areyouok.org.nz

• Shakti: Providing specialist cultural services for African, Asian and middle eastern women and their children. Crisis line 24/7 0800 742 584

• Ministry of Justice: www.justice.govt.nz/family-justice/domestic-violence

• National Network of Stopping Violence: www.nnsvs.org.nz

• White Ribbon: Aiming to eliminate men's violence towards women, focusing this year on sexual violence and the issue of consent. www.whiteribbon.org.nz