Man pleads guilty after claiming assault was unintentional
"IF I intended to hurt her then she would be harmed."
That's what Mandalay man, Paul Graham Howell, 39, told a magistrate when he fronted Proserpine Magistrates Court and pleaded guilty to common assault.
Police prosecutor Constable Hannah Baird told the court Howell struck the friend of his partner on May 15, between noon and 3.30pm.
Const Baird said after staying with a friend of his own, Howell returned to his home to collect more of his belongings, when he slapped his partner's friend with his left hand as he went to leave the property.
Defence solicitor Ali Ladd told the court Howell instructed her the assault was unintentional, however Magistrate James Morton reminded the court the facts stated it was a deliberate hit.
After speaking with Howell again, Mrs Ladd told the court he admitted to deliberately hitting the woman and despite some related history, such actions weren't a common occurrence for him.
"It was an isolated incident and he left shortly after," she said.
"He does have some history of violence but that is from almost 20 years ago."
Mr Morton said it was unfortunate to see Howell try to avoid responsibility for his assault on the woman.
"It's unfortunate that only after me pressing your lawyer that you accepted your actions," he said.
"You don't go around slapping women - why do you think you have the right to do that?"
The court heard Howell didn't like having the woman at his home and although he did slap her, told the court it was a minor incident.
"She's a stress in my home and a constant drunk," he said.
"If I intended to hurt her then she would be harmed."
Howell was fined $500 and convictions were recorded. He had spent two days in prison after the assault.