A man who attacked a woman as she walked home through the streets of Scone has had a severity appeal over his sentence dismissed, with a judge saying the 26-year-old needs to spend time in custody reflecting on his crimes.
Nicholas Daota faced Newcastle District Court on Tuesday in an attempt to reduce the 18-month jail term handed to him by Magistrate Kevin Hockey in Muswellbrook Local Court in March.
The court heard on Tuesday that the woman was walking home from Scone RSL Club on November 26 last year when she passed Daota, who was also on foot.
Daota said "hello" to the woman as she passed and received no response.
The court heard that the woman began walking faster and eventually started to run.
When she heard footsteps behind her, she turned to find Daota standing there, with his shirt pulled up over his head.
The court heard that Daota tried to grab her breasts and kicked her in the legs, stomach, hip and groin when she screamed for help.
Daota took the woman's phone and threw it away before he grabbed her by the neck and began to kick her again.
The woman pulled a chunk of Daota's hair and he let go of her.
She ran home where she told her mother what had happened and they immediately reported the attack to Scone police.
Daota was charged with sexually touching a person without consent, common assault, and stalking/intimidation.
In court on Tuesday, Judge Troy Anderson, SC, dismissed the severity appeal against the 18-month jail sentence - with a 12-month non parole period - imposed in March.
He said the attack was "very serious" and that Daota "needs to spend time in jail to reflect on his conduct and serve as a warning to other people".
"This woman was quite entitled to be walking home at any time of night she chose and to do so without being the victim of an assault," Judge Anderson said.
Daota will be released on parole in late November.
