News

Wife beater to avoid jail time

Man avoids time behind bars.
Man avoids time behind bars. Thinkstock

A MAN who gave his partner two black eyes and a forehead injury after head butting her has avoided spending any time behind bars.

Pleading guilty in the Proserpine Magistrates Court on Monday, the 47-year-old was given a 12-month prison sentence, wholly suspended for two years.

Police prosecutor Sergeant Trent Voight told the court the incident had occurred on July 3, 2015, but had not been reported until July 17.

The man had arrived home late to take over care of the couple's children, leading to an argument.

"The defendant grabbed the victim by the throat and pushed her to the ground," Sgt Voight said.

The man then "grabbed her by the shoulder and head butted her".

The woman attended Proserpine Hospital for treatment.

Sgt Voight said the woman had lied to doctors, claiming "she had fallen down the stairs".

On July 27, officers spoke with the man who said he remembered arguing with the woman, but often blacked out in such situations.

Defence solicitor Barbara Mendelsohn said the man had been drinking with a friend after work, making him late home, on the night in question.

"He admits that this incident was alcohol fuelled and by his own admission has significantly reduced his alcohol consumption," she said.

Ms Mendelsohn confirmed her client suffered from blackouts and had sought counselling, handing up documentation.

Magistrate Simon Young said he would pay mind to the counselling in sentencing.

"But I do note the discrepancy that the blackouts that you mentioned are not substantiated by any form of medical reference," he said.

"So I'm going to be treating that particular subject with a particular weight."

Ms Mendelsohn also handed up letters attesting to the man's good character, including one under the hand of the man's partner asking that he not be given jail time to allow him to care for their children.

After reading the references, Magistrate Young said he would put weight behind such a submission, particularly given "the event occurred 15 months ago and no subsequent events have occurred between the parties".

"Still, it's a serious offence," he said.

Both the prosecution and the defence submitted the man should be given eight months imprisonment, wholly suspended for 18 months.

This submission was based on two previous cases, with Ms Mendelsohn handing up the details of the sentencing.

Magistrate Young said he was not bound by such a submission, despite both parties agreeing.

"However, I disagree with their conclusions," he said.

While no compensation claim was made and no medical or psychological evidence available, the man was also ordered to pay $500 compensation.

Topics:  assult, domestic violence, proserpine magistrates court, whitsundays


Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Fish are on the bite as water warms up

ABOVE, WHAT A FISH: Kristy Allen with a pretty coral trout caught on a charter with Reel Addiction Sport Fishing.

Check out the best spots for the weekend.

Fan favourites on the way

SHOW STOPPERS: Justice Crew will take to the Proserpine Entertainment Centre stage on Saturday as part of their massive What We Do tour .

Justice Crew will be at the PEC this Saturday.

Bowen all ready to explode into colour

EXPLODING: The first Bowen Colour Xplosion will be held next weekend.

BOWEN will erupt in colour during the first Bowen Colour Xplosion on

Local Partners

Magnificent Seven a shooting success

Seven gun wielding come to the aid of desperate town people in need of protection

Local DJs to drop electronic set over Queen's birthday weekend

TRAFFIC LIGHT: The Miller Brothers, Mick and Jon, will be hitting Boom Nightclub on Saturday night.

The Miller Brothers, Mick and Jon, will be hitting Boom Nightclub.

Fish are on the bite as water warms up

ABOVE, WHAT A FISH: Kristy Allen with a pretty coral trout caught on a charter with Reel Addiction Sport Fishing.

Check out the best spots for the weekend.

Fan favourites on the way

SHOW STOPPERS: Justice Crew will take to the Proserpine Entertainment Centre stage on Saturday as part of their massive What We Do tour .

Justice Crew will be at the PEC this Saturday.

Bowen all ready to explode into colour

EXPLODING: The first Bowen Colour Xplosion will be held next weekend.

BOWEN will erupt in colour during the first Bowen Colour Xplosion on

United against sexual violence

TOGETHER: WCCS counsellor Devorah Wynn, constable Syrrell Howard, WCCS counsellor Mandy Coles, WCCS CEO Steve Alexander, constable Andrew Walsh and Proserpine Hospital social worker Draz Stanko.

October is Sexual Violence Awareness Month

Main street flooding worries residents

AFTERMATH: Heart of the reef landscape following Thursday night rainfall

Flooding concerns raised

Race that stops our Whitsundays

GALLOPING GLORY: Aldren heads to the finish in race five of Saturday's Bowen CupPhoto Josh Dutton / The Guardian

The Bowen Cup is this weekend.

Classic car auction draws buyers from US, Dubai

"He wants everyone to enjoy the cars, the collection got too big'

Marvel's Luke Cage S1E6: Suckas Need Bodyguards review

Rosario Dawson and Mike Colter in a scene from the TV series Marvel's Luke Cage. Supplied by Netflix.

*WARNING: spoilers if you haven't seen Marvel's Luke Cage*

Marvel's Luke Cage S1E5: Just To Get A Rep review

Mahershala Ali, centre, in a scene from the TV series Marvel's Luke Cage. Supplied by Netflix.

*WARNING: spoilers if you haven't seen Marvel's Luke Cage*

Marvel's Luke Cage S1E4: Step In The Arena review

Mike Colter in a scene from the TV series Marvel's Luke Cage. Supplied by Netflix.

*WARNING: spoilers if you haven't seen Marvel's Luke Cage*

Rob Kardashian admits his first crush was his sister Kim

Rob Kardashian once had a crush on his sister Kim Kardashian West.

Marvel's Luke Cage S1E3: Who's Gonna Take The Weight

Mahershala Ali in a scene from the TV series Marvel's Luke Cage. Supplied by Netflix.

*WARNING: spoilers if you haven't seen Marvel's Luke Cage*

Marvel's Luke Cage S1E2: Code of the Streets review

Simone Missick and Mike Colter in a scene from the TV series Marvel's Luke Cage. Supplied by Netflix.

*WARNING: spoilers if you haven't seen Marvel's Luke Cage*

Beach-side real estate starts at $85k on Fraser Coast

HERVEY BAY REAL ESTATE: You can buy this townhouse in Scarness for under $300k.

Live your beach-living dream locally.

Land dispute heats up

LAND DISPUTE: Lane Whitfield and Mark Cummings at thier Sugarloaf property.

The Supreme Court is set to hear the case

Backpacker tax needs to be simplified

\"I think in the future food should be a huge part of our foreign aid.\" Farmer Carl Walker. Photo: Emily Smith / The Daily Mercury.

The Fed Government's changed position has attracted criticism

$40million hotel, shops development project for Mackay

Mt Pleasant hotel and retirement accommodation, proposed at 194-202 Malcomson St.

$40m development to take Mackay to 'the next level'

TV show features Mandalay home

The pool at Mandalay House. Contributed

The Mandalay home is currently on the market for $19 million

Property 200m from ocean selling for just over $100K

BEACHCOMBER PARK: Work has started on a new $19.2 million development at Toogoom.

The estate's developer is offering huge discounts for early buyers.