A Callala Bay father jailed for a minimum of four months for punching his daughter and spitting on her has failed to get a reduced sentence on appeal.
The man, who cannot be named to protect the identity of the victim, was sentenced in Nowra Local Court last month to an overall prison term of 12 months, with a non-parole period of four months, on two assault-related charges.
He appealed the decision two days later and appeared in Wollongong District Court yesterday seeking a lesser sentence.
However, presiding Judge Andrew Haesler dismissed the application, finding the man had received the punishment he deserved.
‘‘I’m of the firm view that the magistrate got it right and that the penalty was entirely appropriate given the violence you subjected your daughter to,’’ Judge Haesler said.
The court heard the man had been arguing with his wife, the victim’s mother, on the morning of July 10 shortly before turning his attention to his daughter.
The man directed a tirade of verbal abuse towards the 14-year-old girl, calling her a ‘‘f---ing liar’’ and a ‘‘bitch’’, over a dispute between the two regarding a car.
‘‘I’m gonna back slap you, I’m gonna back slap you and make it a good one,’’ he yelled at her at one stage during the argument.
‘‘I don’t care if I get locked up.’’
Moments later, the dispute turned physical as the man lashed out at his daughter, slapping her twice in the face and spitting at her. The girl retreated to her bedroom. However, about an hour later, the two got into another argument, prompting him to push the girl’s head into a wardrobe, spit on her and punch her multiple times in the head.
The man was eventually pulled off the girl and left the house.
Police arrived a short time later and took the girl’s statement, as well as photographing her injuries.
The man was arrested at a home at Worrigee later the same day.
His lawyer, Nerissa Keay, yesterday told the court the man had split from his wife as a result of the incident and planned to live with his mother when released from custody.
He will be eligible for release next March.