An Indian Australia real estate agent in Cranbourne has narrowly avoided going to jail for assaulting his wife in a fight thanks to his professional work ethics and good references and reports from experts. Vinay Bhogal, a real estate agent for Raine and Horne, assaulted his wife by kicking her in the wife when an argument broke over his alleged love affair. The wife claimed she was hit in the head while she was on the ground after the pair had argued over Vinay’s alleged infidelity. The matter came up in the Frankston Magistrates’ Court on Wednesday, 15 December.
BT understands the couple had fought when the wife suspected Vinay of seeing another women and demand access to his phone messages. When police attended to the matter, the wife alleged she had been stomped on her head many times at least 5 times while she lay on the ground.
Police charged Vinay with multiple counts of assaulting his wife at their home in Clyde in April 2020.
Although in court, she had recalled being hit only three times.
Vinay, had accepted hitting her one time.
In sentencing Vinay, Magistrate Timothy Gattuso said such a serious crime would almost invariably warrant a term of imprisonment, but Vinay’s good work history, and no prior criminal record coupled with a positive psychological assessment ( presumably of little or no chance of reoffending and complete rehabilitation in the community) – helped him avoid jail.
In court on Wednesday, Magistrate Gattuso said the couple got involved in a physical fight when Vinay’s wife began to demand access to the latter’s messages.
Magistrate Gattuso picked up on the differing number of assaults alleged but said the wife while the ground and was “stomped” at least once by her husband.
For the Court, Vinay was described by his employer as “providing an unmatched level of service” and “always striving to reach new levels of excellence”.
For an assessment for the court, Vinay was found to be remorseful and had demonstrated understanding into and acknowledged his offending.
In sentencing Vinay Bhogal to a Community Corrections Order(CCO) for two years, Magistrate Gattuso said, “what you did was completely unacceptable and will not be tolerated.”
Magistrate Gattuso also said his was a “fairly unique case” in that he had been assessed as suitable for a Community Corrections Order (CCO).
Magistrate said Vinay did not pose a big risk of re-offending.