Man jailed for spitting in woman's face in 'cowardly', 'degrading' assault

That's how 31-year-old Daniel Leslie Malvicino's behaviour was labelled in Bathurst Local Court on April 30, 2024 as he was sentenced to jail for two charges of common assault and entering a building with the intent to commit an indictable offence.

A separate count of intimidation was taken into account during sentencing on a Form 1.

Malvicino and the victim were drinking alcohol at a Bathurst home through to the early hours of July 13, 2023 when he got "revved up" by a question she asked, court documents state.

"Keep f---ing going, keep egging me on," Malvicino said as the victim played with her phone.

While Malvicino laid down in a bedroom, the victim called a relative to pick him up from the home.

"Are you f---ing serious, you putrid dog," Malvicino yelled.

"I'll get my own way home, I'll leave when I want to."

Malvicino then spat in the woman's face and poured a beer over her head.

The woman yelled for him to "get the f--k outta my house" as she saw beer tossed up the walls of a bedroom.

"You're going to jail, f--k this dog, I'm done with this shit," the victim could be heard yelling as she was on the phone with triple-zero.

Shortly after Malvicino left the home, he was spotted by the victim re-entering the home through the back door.

He stepped inside and grabbed the woman's hair, pulling her to the ground.

Malvicino left moments before police arrived.

Then, he was arrested at a home in Gormans Hill about 4.30am and taken to Bathurst Police Station.

THE "degrading" assaults were put to the court, along with Malvicino's "poor" record littered with similar matters, as reason for why full time jail was warranted, according to DPP solicitor Jimil Amiri.

Malvicino hung his head between his shoulders as Magistrate Philip Stewart read police reports from the night aloud in open court.

Mr Stewart described Malvicino's behaviour as "absolutely disgraceful" and "cowardly".

"[These matters of violence] are the blight of our society ... There is a strong need for general deterrence," Mr Stewart said.

Legal Aid solicitor Sarah Ellison submitted that Malvicino had a clear need for rehabilitation to address his alcohol and anger issues, and suggested a long parole period.

"He appears to really respond to the call to now take responsibility and engage with psychological and substance treatment," Ms Ellison said.

"He can't mask his difficulties through alcohol or other substances anymore, it's no longer acceptable."

Malvicino was given a sentence of 22 months behind bars, with a non-parole period of 14 months.

He is eligible for release on September 12, 2024.