A man who admitted breaking into an Ainslie home and assaulting two women has been denied the chance to be sentenced in one of the ACT's lower courts.
James Dudley March, 35, faced the ACT Magistrates Court on Wednesday to apply for his sentencing to occur either there or the Galambany Court, for Indigenous offenders.
March pleaded guilty on June 24 to a burglary charge and two counts each of assault occasioning actual bodily harm, unlawful confinement, and threatening a person to deter them from participating in a criminal investigation.
The offences occurred on March 4, when the offender, who was on parole at the time, broke into a home, assaulted two women and made them shower to destroy evidence.
The Sydney man was arrested on May 18 at his home in Bondi, and extradited from NSW to the ACT the next day.
March was sent to the Galambany Court on July 15 but was deemed to be unsuitable due to the seriousness of the offending.
Defence lawyer Georgia Briggs argued on Wednesday that March should be sentenced in the Magistrates Court, where the maximum penalty for some of his offences would be capped at a level below the punishments available to the ACT Supreme Court.
Statistics and a summary of all cases in relation to forcible confinement were provided to Chief Magistrate Loraine Walker to further Ms Briggs' argument that March should be sentenced in her court.
Prosecutor Sam Bargwanna argued March's case should be committed to the Supreme Court due to the seriousness of the offences.
Ms Walker decided the defendant should be sentenced in the superior court as "courts ought to be ready to exercise jurisdiction available to them", and a sentencing magistrate may find themselves with "insufficient scope for sentencing".
March's case will go before the Supreme Court later this month.
