Benjamin Albert Parker chokes and throws oil burner at woman in ‘inexcusable’ assaults

A 42-year-old father jailed after two violent assaults on a woman, including where he hurled an oil burner at her head, has been doused in boiling water over a piece of fruit in prison, a court has heard.

A man has faced court after having boiling water tipped over him while awaiting sentence for two violent assaults against a woman, a court has heard.

Bundamba man Benjamin Albert Parker, 42, appeared before the Ipswich District Court on Wednesday, June 1, 2022 charged with several offences including assault occasioning bodily harm and strangulation.

The court heard that on June 21, 2021 Parker was at a friend’s house when the woman involved called him.

The two argued over the phone and hung up on each other multiple times.

The court heard the woman then drove to Parker’s friend’s house and the two argued out the front.

At one point the woman put down her phone and $50; Parker took the money, refused to give it back and walked back towards the house.

The woman screamed at Parker from the footpath, and Parker picked up her phone and smashed it.

The court heard he eventually returned her money, but the pair continued arguing and the woman kicked Parker’s car, which was parked out the front.

In response, Parker grabbed the woman’s left arm, placed her chokehold and then forced her to the ground.

She punched and scratched at his face in an attempt to break free, and the court heard she almost blacked out after being held in the chokehold for about 45 seconds.

After Parker released her, she lay in the foetal position on the ground crying and he attempted to comfort her.

The woman told him to go away, rose to her feet, slapped him, and screamed at him, asking for a cigarette.

Parker threw a half-smoked cigarette at her feet in response, and she stood on it.

The two continued to yell abuse at each other and Parker eventually punched her in the left side of her jaw.

The neighbours called the police, who arrived and arrested both of them; Parker initially denied punching or suffocating the woman and said she had hit him first.

Parker was taken into custody but released on bail on June 22.

Three months later on September 21, Parker was at the same address with the woman when he snatched a cigarette out of her mouth and she started calling him names.

Parker charged at the woman and threw an oil burner at her, cutting her scalp.

Parker was taken into custody on September 22 and had been in jail since spent.

On June 1 2022, Parker pleaded guilty to two counts of assault occasioning bodily harm, one count of wilful damage, one count of strangulation and one breach of a domestic violence order.

The court heard that Parker had a history of relevant offending and intermittent drug use in both Queensland and New South Wales.

In 2018, Parker assaulted a staff member at a 7-Eleven after attempting to steal from the store and shouting racial slurs at the man; he also caused $230-worth of damage to the store by smashing the shelves.

He was also on a suspended sentence for unlawful use of a motor vehicle and stealing when he committed these most recent offences.

Judge Jennifer Rosengren said she accepted that the woman was also behaving in an ‘aggravating manner’.

“However, your response was entirely disproportionate and inexcusable; you took active steps to continually engage with her,” she said.

The court heard that Parker had suffered significant difficulties throughout his period of imprisonment, which his lawyer Cecelia Bernardin argued was grounds for immediate parole release.

During his time imprisoned earlier this year, Parker was handing out fruit to prisoners, as part of his kitchen responsibilities, when another prisoner threw boiling water over him because he had refused to give him a second piece of fruit.

Parker was hospitalised from May 7 to 28, and has been treated twice a day since for significant pain and damage to his eyesight since.

Ms Bernardin said Parker had “suffered more than the average prisoner, by virtue of the injuries … If he were to continue to serve time, he would continue to suffer more than the average prisoner”.

However, she ultimately decided that Parker was receiving sufficient treatment while imprisoned and made no changes to his current parole release date of 21, July 2022.

Parker received a head sentence of three years imprisonment, with 252 days declared time served, and his conviction was recorded.