A Sydney gamer who inadvertently live-streamed himself assaulting his pregnant partner has narrowly avoided being sent to jail.
Luke James Munday, 27, was on Wednesday sentenced to a 14-month good behaviour bond after being convicted of domestic violence-related common assault.
His lawyer Steven Mercael told Picton Local Court the assault was “just a slap”.
“He’s a loving caring person with no history of domestic violence,” Mr Mercael said.
“On this day he just slapped his partner.”
He withdrew his remarks after being rebuked by magistrate Mark Douglass.
“I would not in any way accept the submission this was just a slap in the face, the court rejects that submission,” Mr Douglass said.
Munday in September pleaded guilty to assaulting his partner Grace Campbell while live-streaming a Fortnite game at their Oran Park home, in Sydney’s south west, in December 2018.
She was heard asking him to come to dinner with their family, and after Munday repeatedly refused, she became frustrated and threw several objects at him.
In response he stood up, slapped her on the left side of her face and pulled her to the ground.
While the assault was not captured on video, numerous witnesses, who were watching via video streaming site Twitch, heard a loud slapping noise and reported it to police.
The court heard that his former partner has been charged for the incident and they are now separated.
Mr Douglass said he considered sending Munday to jail and that his offence was just below the mid-range of offending.
Mr Mercael told the court that Munday was minding his own business when he was provoked.
He said that the police had been called to the home on 20 to 30 occasions, that he was the victim of domestic violence and had previously suffered scratches and a busted lip.
The court heard that Munday had on several occasions lost his job due to widespread media coverage, had wept after the incident was publicised on gaming websites and he was abused via social media.
Mr Douglass warned Munday, who was in 2011 convicted of common assault, that the offence carried a maximum jail term of two years.
“I suggest things being thrown is unacceptable but the response was inappropriate, unlawful and violent,” Mr Douglass said.
“The submissions made on your behalf, if they had not been made, I would have viewed the threshold may have been reached and perhaps considered some form of custodial sentence.”
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