An elderly Salisbury man has received a nine-month suspended jail sentence for assaulting his carer of three years.
Graeham Stanser Rumbel of Salisbury Road appeared in Dungog Local Court on Wednesday for the October 2015 offence.
Police facts presented to the court said the 79-year-old was in a bad mood when he got home and after dinner went to bed when the woman entered the room.
She told police she took hold of his shirt to try and stop him hitting her. They fell to the ground and she had her head pushed into the floor.
They continued to wrestle in the hallway for some time and she told police she kept calling out “stop, stop”.
The 49-year-old said it was at this time she was punched in the right eye by Rumbel.
After the incident Rumbel got up, went to his room and nailed the door shut.
When police arrived she said the injuries received that night were one of the many she had suffered over the past few months.
Magistrate John Chicken said the defendant was already on a good behaviour bond.
“This was not good behaviour – it is an assault occasioning actual bodily harm charge,” he said.
“When there has been a breach of an AVO (apprehended violence order) for AVO, it doesn’t matter if you haven’t been in trouble with the law before, the starting point is jail.
“It’s not the last resort. I have to justify why I am not sending you to jail.
“Because of your age and medical issues I will make it a suspended sentence but if you breach the good behaviour bond, you will go to jail.
“This can be for major traffic offences, swearing at a police officer, fighting at the pub or breaching an AVO.”
Mr Chicken extended the AVO for a further 18 months.
“This relationship is toxic,” he said.
“She went into your bedroom and picked a fight but what you did was inexcusable.”