SERIOUS OFFENCES: A man went to the pub after he choked and punched his partner.
SERIOUS OFFENCES: A man went to the pub after he choked and punched his partner.

Western Downs man’s pub visit after he choked partner

A WESTERN Downs judge told a 37-year-old Miles man that choking was often the final step before a man killed his partner.

That same man left his injured partner locked in a laundry, suffering bruising to her neck and head from where he choked her while he went to the pub for a drink.

The defendant appeared before Dalby District Court on a series of aggravated domestic violence offences, and a number of summary offences.

Crown Prosecutor James Bishop told the court the defendant was the respondent in a domestic violence protection order on November 7 2018 until 2023.

The order required the defendant to be of good behaviour towards his partner.

The court heard the defendant returned home from a day of drinking at the Outback Hotel on November 8 last year, before he became involved in an argument with his then partner.

Mr Bishop told the court that he Miles man had told his victim to kill herself or he would do it for her.

The court heard the defendant grabbed the victim's throat and squeezed until her face went "tingly" and she couldn't breathe.

Mr Bishop detailed that the attack continued when the man punched his partner in the back of the head, causing a five centimetre bruise before leaving the home and returning to the pub shortly.

When police located him he said he had been at the hotel the entire time.

Mr Bishop told the court these domestic violence offences were aggravated by the "violent and domineering" behaviour shown by the defendant.

He said the victim had locked herself in the laundry until the next morning out of fear.

The defendant was arrested on November 11.

The court heard the defendant had also committed a number of summary offences, including several contraventions of the protection order.

On July 9 last year, the defendant attended his victim's brother's house, contravening the protection order.

Just over a month later, police located the defendant again, hiding from police behind a door.

He resisted arrest at the time, and attempted to break the hold police had on him.

During the scuffle, the defendant and a police officer fell through a window, before the defendant struck the police officer in the upper right thigh.

On August 25 last year, the defendant was intercepted on the Warrego Highway for driving an unregistered car and driving without a licence.

On October 19 last year, the defendant and one other male broke into the Miles waste facility at 5.17am, and stole a number of tools.

Defence lawyer Frank Martin told the court the defendant hadn't known his mother as a child, and his father had been incarcerated when he was still young, which left him and his six brothers and sisters in the care of their stepmother.

Mr Martin said one of the defendant's brothers had been murdered and another had overdosed.

The only support the defendant received, according to Mr Martin, was a "surrogate mother" who was a woman he met after he employed her husband.

He had made attempts to start his own business prior to the offences, however due to his drug problem and illiteracy, the business failed soon after.

Mr Martin said his client was put on medication for depression during his time in custody.

Mr Martin said his client and the victim in these offences were both "drug addicts" and they had been involved in many arguments about their drug use.

The defence lawyer said in the days after the choking and assault, police went to home to try and find the defendant and victim.

On November 11, police received a complaint about drug use and possible firearms in a room of the Outback Hotel, and when officers arrived they located the complainant.

Mr Martin said the complainant had told police her partner, the defendant, had planted the drugs in the room she was staying.

Judge Alexander Horneman-Wren said it was ironic the defendant had become an "abuser" given he was raised by his stepmother, and was close with another female figure he considered a maternal influence.

Judge Horneman-Wren said his offending was of significant concern because choking was normally a "precursor" for men killing their partners.

The judge acknowledged that his prospects for rehabilitation weren't entirely lost.

The defendant pleaded guilty to three indictable offences: choking in a domestic setting, assault occasioning bodily harm, contravening a domestic violence order (aggravated offence).

The defendant pleaded guilty to a series of summary offences: two counts of contravening a domestic violence order, enter premises and committing an indictable offence, driving without a licence, driving an unregistered vehicle, obstruct police, and assault police.

For the first two counts on the indictment, he was sentenced to six and two and a half months imprisonment respectively, and for the third he was convicted and not further punished.

For the enter premises, driving without a licence, and assault police, he was sentenced to three months, two months, and three months imprisonment respectively.

For the remaining summary offences he was convicted and not further punished.

Judge Horneman-Wren set his parole release date for September 10 this year.



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