A Nowra man, formerly of Molong, will have to pay $1650 and undergo treatment for the next 18 months for striking a woman, despite allegations she told him to do it.
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Scott Gordon Deakes, 36, of Jindalee Crescent, Nowra, faced Orange Local Court on Monday charged with two counts of assault, one of them causing actual bodily harm.
According to police, Deakes and a 33-year-old woman were arguing at a home in Phillip Street, Molong, on April 5 when the woman told Deakes, “Why don’t you just hit me? That will stop you from constantly arguing with me”.
Deakes then struck her in the face, leaving a bruise on her left eye.
Then on May 1, police said the woman was in the bathroom when Deakes grabbed her by the shoulders and pushed her, with her back hitting the toilet cistern.
Questioned by police in August, Deakes admitted to the April incident, although he had been subjected to “extreme provocation”.
You can’t consent to an assault.- Magistrate David Day
He said during the May incident, he grabbed the woman to protect himself.
Solicitor Andrew Rolfe represented Deakes, saying the pair were no longer in contact and his client had moved to Nowra.
He told the court Deakes had been a schoolteacher since 2012 and his future employment rested on the outcome.
“He intends to seek professional assistance to deal with depression and anxiety,” he said.
Police prosecutor Sergeant Beau Riley said the offences occurred in the victim’s home and children were present, which aggravated the offences.
Magistrate David Day agreed the children would have been aware of the April assault from the next room and witnessed the May assault.
“The children definitely saw that one,” he said.
“You can’t consent to an assault.”
Mr Day fined Deakes and placed him on an 18-month community corrections order.
“That’s in lieu of prison for a violent assault,” he said.
‘Why don’t you just hit me?’: Victim’s plea no excuse for assault first appeared on the Central Western Daily.
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