It would be inappropriate for killer Toby Loughnane to face assault charges because a judge already took the allegations into account in his murder sentence, a magistrate says.
Loughnane, 45, was on February 14 sentenced to 28 years behind bars for the murder of his girlfriend Maryam Hamka.
He had claimed the 37-year-old died of a drug overdose in the early hours of April 11, 2021 and his only crime was not calling an ambulance.
But a Victorian Supreme Court jury rejected that theory, instead finding Loughnane had fatally assaulted Ms Hamka with murderous intent.
In sentencing, Justice Christopher Beale found the murder happened in the context of protracted family violence.
He explicitly referenced an incident in July 2020 where Ms Hamka went to a Coles store with swollen eyes and lips, injuries to her wrists and bleeding from her nose.
She disclosed to the workers that her boyfriend had bashed her, put his fingers down her throat and placed a sock in her mouth, and she thought she would die.
Justice Beale accepted the incident was evidence of violence committed by Loughnane against Ms Hamka.
The 45-year-old is still facing outstanding charges in Melbourne Magistrates Court of recklessly causing injury and unlawful assault over the July 2020 incident.
At a brief hearing on Friday, Loughnane's lawyer Jack Hurley said the allegations had already been considered as context evidence in the murder trial.
He told the court Loughnane was planning to fight the charges if they were to proceed.
Magistrate Carolyn Burnside said it was pretty clear Justice Beale had already considered the charged offences when sentencing Loughnane for the murder.
She urged the prosecution to reconsider the charges, saying the court's time was precious.
"(Loughnane's) serving his time," Ms Burnside said.
"He's now being called upon, in my books, in an inappropriate fashion to answer allegations that have already been properly recognised by Justice Beale."
The prosecutor said she would take the magistrate's comments to her instructors.
The case has been adjourned to a special mention hearing in March where the prosecution will advise if they will proceed with the charges.
Loughnane, who appeared via video link from prison, nodded along to the magistrate's comments and thanked her at the end of the hearing.
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