A MAN who slapped a woman across the face, causing her eye to swell, has escaped conviction, but has been placed on a nine-month Community Release Order and been ordered to stay away from alcohol and drugs.
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Daniel James Glover, 37, of Hill Street, Bathurst, appeared before visiting magistrate Elizabeth Ellis to answer a charge of assault occasioning actual bodily harm.
His solicitor, Lucien Gration, told the court his client had a limited record and had pleaded guilty to the offence at the first opportunity.
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Police facts tendered to the court told how Glover and the victim in the matter went to the Kelso Hotel, where they had a large number of drinks, and then to the RSL Club, where they continued to drink, before they went to a property in Messenger Street.
While at the property, an argument began, according to the police facts. The victim told police that she could tell by Glover's tone and body language that he was getting cranky.
When Glover insulted the victim, she tapped him on the back with her left hand and said "don't call me that", according to the police facts.
He, in turn, slapped her on the right side of the face. The victim said it had the force of a punch.
Police went to the victim's home the next morning. They said they could see she had a swollen right eye and a small cut on the outside of it.
They said they could also see a watery blood tear-shaped mark on her cheek, just below the corner of her eye.
Police noted the victim was unwilling for the matter to go before the court, but she was advised that, under domestic violence legislation, police are forced to take action when certain circumstances exist.
Police attended Glover's home, arrested him and took him to Bathurst Police Station, where the allegations were put to him. He refused to participate or view the statement.
He said he was apologetic for hitting the victim, but she shouldn't have hit him first.
The matter was dealt with by way of a nine-month CRO, without conviction.