December 17, 2013 – 1:45PM
COURTS REPORTER FOR THE CANBERRA TIMES
A Canberra man who bit his ex-girlfriend’s face after she bit him on the penis has avoided jail time.
Shane Mitchell Walden, 22, was in breach of a protection order when he attacked the woman at a Bruce home in April.
Walden appeared for sentence in the ACT Magistrates Court on Tuesday having pleaded guilty to biting the woman’s nose and contravening the court order that required him to stay 100 metres away from her at all times.
Magistrate Robert Cook in October found the Kaleen man guilty of two counts of common assault and one count of assault occasioning actual bodily harm over the incident.
But Walden was acquitted of a further charge of common assault and choking the woman until she lost consciousness.
The pair met at the Groovin’ the Moo music festival and arranged to meet later that night at her Bruce home.
Walden fell asleep after they had sex about 11pm. As he slept, the victim looked through his phone and discovered he had had contact with another woman.
She climbed onto the bed and bit Walden on the penis, causing him to jolt awake.
Walden pushed her off the bed into a mirror and she punched him in the face.
He then struck her in the face, held his hands around her throat and threatened to choke her tighter if she did not quieten down.
He then bit the woman on her nose, shoulder and index finger.
Walden then took her phone and left.
He went to a McKellar property and showed his penis to two of his friends, who described seeing teeth marks and blood.
Magistrate Cook found Walden had acted in self-defence when he pushed her into a mirror, but that the series of assaults that followed were excessive.
At the sentencing hearing, defence lawyer, Shane Gill, asked the magistrate to take into account the “extreme provocation” of the “intimate and physical attack on him”.
Mr Gill said his client recognised his response was an extreme overreaction, had been appalled by the injuries he caused and took full responsibility for his actions.
Mr Gill argued the protection order had been breached upon mutual agreement between the pair.
Prosecutor Anna Jamieson-Williams said a jail sentence was the appropriate punishment for the “sickening” attack.
Mr Cook jailed Walden for three months, to be fully suspended upon signing a good behaviour order.
He also fined the public servant $2000 with nine months to pay.
The Canberra Times