A man who choked his girlfriend and urinated on her in an alcohol fuelled rage of jealously, is now exercising three hours a day and thinking more clearly, a court has heard.
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Andrew Walter Frimont, 32, was found guilty of two counts of common assault and intentionally choking a person following at hearing at Wellington Local Court.
According to court documents the woman contacted triple-zero just after 10pm on June 14, 2021 telling the operator her former fiancé had put her head through the wall and "booted the crap out of her".
When police arrived at the property outside Wellington, the woman told officers that Frimont, who had been drinking, had taken off with her phone and "found stuff he shouldn't" when the pair got into an argument.
She told police during the argument Frimont "choked the s--t" out of her, threw her on the ground before kicking her.
Family and domestic violence support:
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Police said the woman also pointed to a pair of saturated ugg boots, indicating Frimont had also urinated on her.
One of the officers in a statement said she checked for injuries and could see red marks on the left and right side of the woman's neck.
Police were unable to locate Frimont, who had left and went down the paddock. However he was later found walking on a road about one kilometre from the property.
Since this offence, he instructs me he began attending a gym. He goes three hours a day, daily and he says that's given him a different focus and now alcohol is in his past.
- Defence lawyer David Hemsworth
He was arrested and taken to Wellington police station where he told officers he had about seven drinks since 2pm the day before.
Frimont denied choking the woman, however admitted he "did things" he shouldn't have after he found out she was cheating.
"Look I'm not a bad guy, yes I did things tonight that I should have done, but I can get character references to prove that I don't do this kind of thing," Frimont told police.
At sentencing on Tuesday, defence lawyer David Hemsworth conceded the threshold was crossed, however explained the offences were committed while his client was under the influence of alcohol.
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He argued his Frimont - who was supported in court by his family - had since moved to Sydney, was in a new relationship.
"It's one incident, which as bad as it was, hasn't been repeated," Mr Hemsworth told the court.
"Since this offence, he instructs me he began attending a gym. He goes three hours a day, daily and he says that's given him a different focus and now alcohol is in his past.
"He says he feels healthy and thinks more clearly."
The court heard Frimont had been on a two-year community corrections order for high-range drink driving at the time of the assault.
However Mr Hemsworth said his client had spent one night in custody after he was refused bail following the incident, which he said was "an eye opening experience".
Police prosecutor Edward Knight said domestic violence matters were serious, and urinating on someone was a "particularly degrading" offence.
He argued the offending was motivated by "jealousness and possessiveness" after he believed his partner was cheating, and was further aggravated by the fact he was on a good behaviour bond at the time, which also included he remain abstinent from alcohol.
Magistrate Stephen Olischlager said the nature of the offences, choking and in particular urinating on a woman was "abhorrent" behaviour.
"Research shows people who engage in choking lead to more serious domestic violence offences. It's a serious issue restricting the breathing of someone," he said.
Magistrate Olischlager said the incident was aggravated by Frimont being on a court order at the time of offending for drink driving, and said it demonstrated he was "clearly unable to make reasonable choices" while affected by alcohol.
He said while Frimont's behaviour was born out of jealousy, which was never an excuse.
"I read the references put to me and it would seem, outside the context of alcohol, you are a person that's capable of being a positive person in the community, and supporting of others," Magistrate Olischlager said.