Man throws zucchinis at woman in hour-long violent fight
A TRUCK driver and machine operator, 47, was released on a nine-month suspended sentence after breaching a five-year-long domestic violence order within the first year on Friday, May 8.
Rockhampton Magistrates Court heard on that morning, the man and his female victim engaged in an hour-long altercation which involved punching, choking, hair-pulling and food throwing before police arrived at 6.35am.
After the man pleaded guilty, the police prosecutor described the events.
It all started with a disagreement over a drinking glass which led to the man punching the woman in a tender point of her arm which had recently undergone surgery.
The pair began to argue about living arrangements when the man emptied the contents of fridge and began to throw zucchini slices at the woman's head before he started to pull her head back and forth by her hair as she yelled at him to "get out".
He pushed her into the pantry and continued to pull her hair.
The man got the woman into a bear hug, which moved into a chokehold and she briefly began to gag.
He let go and she left to shut herself in a bedroom until police arrived.
When police arrived, the man admitted to pulling hair, hitting the victim's arm and putting his arm around her neck.
He claimed to police she had been "going off all night".
The prosecution put forward the offender's criminal history which contained numerous offences but none relating to the incident.
Prosecution suggested a 12-month sentence with at least one third served in prison due to previous terms of imprisonment and the severity of the offence.
The man's defence cited his irrelevant criminal history, his extensive work history, the fact he fathered a two-year-old child in Townsville, his prospects of future employment, and that he did not have drug or alcohol problems as mitigating factors.
His defence also told the court the man planned to move away from Rockhampton to escape the "toxic relationship" with the victim and suggested a sentence of nine-months with release before the one third mark.
In deliberating the man's sentence, Magistrate Jeff Clarke said the "quite prolonged and shameful series of acts" were an over-reaction to a "petty" dispute.
"What happened here was that apparently you were upset, you claim that the aggrieved had been at you all night … and you took some issue with that the following morning," he said.
"It is concerning that for prolonged period of time, you subjected the aggrieved to this abuse - of course there are other ways to deal with this disharmony.
"Instead you chose to resort to violence to resolve what seems to me a very petty dispute."
Magistrate Clarke agreed the offender removing himself from the relationship was ideal. The man was released immediately on a suspended sentenced of nine months' prison with an operational period of 18 months.