Man faces court after stomping on pregnant girlfriend
HE stomped his girlfriend after she showed him a positive pregnancy test and then blamed his victim - but now Joel Victor Hormachea will serve at least 12 months in custody.
Hormachea, 24, stood trial in Cairns District Court for assault occasioning bodily harm and choking in a domestic setting last week.
After the five day hearing a jury convicted him of the assault but cleared him of the choking charge.
During his sentencing yesterday the court heard Hormachea blamed his victim for the attack and presented police with alternate theories for her injuries, including ill health and a workplace injury.
"You sought to cast blame on the complainant and described her in derogatory terms … by disparaging her with "rather fanciful" accounts of how she was injured," Judge Tracy Fantin said. "These go above and beyond any lack of remorse shown by going to trial. He seeks to cast the blame on her for any physical contact at all."
Prosecutor Nicole Friedewald told the court the woman suffered "significant bruising (which) even remained 11 days after the offence."
Hormachea was on probation at the time.
The court heard Hormachea's then partner sent him a photo of a positive pregnancy test in August 2017. The couple had a volatile relationship and when Hormachea went to her home, they began to fight.
"She became upset and confronted you … started smashing photos," Judge Fantin said.
Hormachea threw her on the ground.
"While she was lying on the ground in the foetal position you stomped her on the right hip and buttock, she thought her hip was going to break," Judge Fantin said.
At some point during the ordeal, the woman suffered a fractured finger.
"She has suffered physical and emotional harm, has been diagnosed with depression," Judge Fantin said.
"The incident has upset her sleeping and has affected her self confidence, has become significantly more introverted... you were entirely to blame."
TiTim Grau, defending, said his client had since turned his life around and sought counselling.
"He recognises he has anger management issues," Mr Grau said.
The barrister said the trial was a "belated wake up call" for his client.
Judge Fantin sentenced Hormachea to 24 months in jail, with a parole release date of February 8, 2020.
"Domestic violence is an insidious problem in our society and is serious anti social conduct," she said.
"You clearly require supervision."