Court hears details of inmate’s violent attack on fellow prisoner

The father of four appeared visibly bored as the court heard details of how he struck another prisoner with a crutch opening up a large bleeding gash on the victim’s head.

Joshua Clayton Wimbis.

A father of four who pleaded guilty to a string of offences in Bundaberg Magistrates Court was told his violent attack on a fellow prison inmate was the most serious of them all.

Joshua Clayton Wimbis, 31, appeared by video link from the Maryborough Correctional Centre, tapping the table and looking visibly bored as the details of his offending were read out on Thursday.

The court heard Wimbis had been serving time in Woodford Correctional Centre for an attempted robbery when he was released on parole, subsequently residing in Caboolture.

Wimbis’s lawyer Gavin James said the accused then travelled to Bundaberg because he hadn’t seen his children in two-and-a-half years and had suffered the death of a family friend in the region.

The visit to Bundaberg resulted in a range of charges including failing to properly dispose of a needle and syringe, obstructing a police officer, possessing property suspected of having been used in the commission of a drug offence, possessing dangerous drugs, driving without a licence and evasion.

“He’s arrived in Bundaberg and unfortunately he’s come to the attention of police and he’s then panicked and taken off from the police which is the obstruct and then he was found to have those drug implements in his possession,” Mr James said.

Wimbis’s lawyer said the accused was willing to plead guilty and take ownership of his offending in Bundaberg.

Picked up on a return to prison warrant, Wimbis was remanded in custody at Maryborough Correctional Centre when he assaulted a fellow inmate.

The court heard Wimbis believed he was going to be the victim of a premeditated attack by a group of men in his prison unit and decided to strike first after informing a prison officer of his fears.

“He thought the best thing to do in that situation was, essentially, to get in first,” Mr James said.

The court heard Wimbis had approached the man he believed was organising an assault against him, who replied that he did not want to fight.

Wimbis then used a crutch to strike the victim, hitting him in the head and hand, resulting in a scuffle between the men which had to be broken up by a prison officer.

In sentencing, Acting Magistrate John Milburn said the victim was taken to hospital after the “premeditated” attack where he needed four staples to treat a large, bleeding gash on his head.

“...it is fortunate for the victim and also to you that there were no permanent injuries sustained,” he said.

“I do regard that attack as quite significant and the injuries also significant within the context of bodily harm.”

Acting Magistrate Milburn said prison inmates deserved protection just like anyone else and noted Wimbis’s prior offences comprising a “significant number of entries” including robbery with actual violence and burglary.

For the charge of assault occasioning bodily harm, Wimbis was sentenced to nine months’ imprisonment to be served cumulatively to his existing term.

Wimbis was further sentenced to one months’ prison for the offence of property suspected of having been used in connection with the commission of a drug offence and one month for failing to dispose of a needle or syringe, to be served concurrently with his existing sentence.

For obstructing police, Wimbis was sentenced to two months’ prison, 50 days for evasion, one month for unlicensed driving and two months for possession of dangerous drugs, to be served concurrently with his existing sentence.

Wimbis was disqualified from driving for two years for the evasion offence and six months for driving unlicensed.

He will be eligible to apply for parole on July 31, 2022.

Convictions were recorded.