A woman feared death as she was choked by her husband with a baton. Photo: File
A woman feared death as she was choked by her husband with a baton. Photo: File

Father jailed after choking wife with baton

A father has been jailed after pinning his daughter's head to the floor and using a metal baton to choke his wife until she feared death.

The 43-year-old, who can't be identified, had grown hostile about parenting styles and his emotions came to a head on August 14, 2018.

Maroochydore District Court on Thursday heard he had been drinking when he told his teenage son to go to bed several times to no avail.

Crown prosecutor Will Slack said the son and wife fell asleep on the couch at the Battery Hill home before being woken by the man.

"The defendant told the son to go to bed and grabbed him by the neck," Mr Slack said.

The son retreated to the laundry and the man followed, placing him in an arm lock until his wife intervened.

"The defendant has detained what is described as a metal baton from his son and he used this to choke the complainant," Mr Slack said.

"That was by, from behind, applying pressure to her neck with that object and pulling her back towards himself.

"She couldn't breathe, her vision was blurry and she thought she was going to pass out and die."

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The children intervened, allowing the wife to break free.

"When the daughter attempted to remonstrate with him, he grabbed her by the hair and moved her to the ground," Mr Slack said.

"He pinned her face onto the ground by holding her head and neck."

Mr Slack said a prison sentence of up to three years' was appropriate.

"Choking is a disgraceful and cowardly act that requires strong denunciation," he said.

The 43-year-old man previously pleaded guilty to the domestic violence offence of choking in a domestic relationship, and two counts of contravening a domestic violence order (aggravated offence).

On Thursday he pleaded guilty to an additional charge of contravening a domestic violence order for attempting to contact his son while he was in custody.

He had spent 44 days in pre-sentence custody.

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The father-of-two had two previous offences of contravening a domestic violence order on his criminal history.

Defence barrister Nathan Turner said his client had been on pain and sleep medication and, combined with alcohol, he "became enraged".

He said the man had since been diagnosed with a severe alcohol use disorder and major depressive disorder which he was seeking professional help for.

"It was not the case that he armed himself and proceeded to then actively find his wife and choke her," Mr Turner said.

"The struggle he had with her was over the baton and it was during the struggle that he, himself, was backed into a wall with her at his front.

"He then held the baton to her throat."

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Mr Turner said a prison sentence of less than two years was appropriate.

The man's teenage daughter sat in the courtroom as Mr Turner read her letter which spoke of the time she lost contact with her father after his arrest.

"She concludes by saying he was the one person she could count on and the only person who had cared about her," Mr Turner said.

"She prays every night that never happens again because she doesn't know what she would do without him."

Judge Glen Cash said domestic violence had a ripple effect lasting years which was regarded seriously by the courts.

Mr Cash sentenced the father to two years' prison, suspended for three years after he served eight months.


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