Fortnite Gamer Who Live-Streamed Assault Avoids Jail Term
A Sydney gamer who inadvertently live-streamed himself slapping his partner in front of their children will not serve jail time for the assault.
Luke James Munday, 26, was on Wednesday sentenced to a 14-month good behaviour bond after being convicted of domestic violence-related common assault in Picton Local Court.
The incident, which occurred in December 2018, involved his then-partner.
His lawyer told the court the assault was "just a slap" - remarks for which he was rebuked by magistrate Mark Douglass.
Defence lawyer Steven Mercael successfully argued the assault was partially provoked by the victim, who threw items at him when he wouldn’t stop playing the game.
“He’s minding his own business, doing his own thing, and someone enters the room trying to control his behaviour,” he told the court.
The police facts show the victim had asked Munday to stop playing and have dinner with his family, before becoming frustrated when he continued playing.
Munday can be seen in footage getting up from his chair before he can be heard slapping her across the face as she screamed.
Mercael told the court Munday had lost several jobs because of the media coverage of the crime and received death threats.
Magistrate Douglass told the court “the response was not appropriate, unlawful and violent”.
But he accepted the volatile nature of the former couple's relationship contributed to the assault.
Munday pleaded guilty in September to assaulting his partner. His victim, who has since given birth to the couple’s third child, has since been charged with assaulting him in a separate incident.
The couple has since separated.
Mr Douglass said he considered sending Munday to jail and he may have been handed a custodial sentence were it not for the submissions made on his behalf.
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