Dane Graham Johnstone sentenced in Mackay court for choking, attacking ex

A parts specialist turned mining courier reacted “atrociously” when his young former lover told him she was moving out.

Dane Graham Johnstone faced District Court in Mackay for charges of common assault and strangulation on February 28, 2025. Photo: Fergus Gregg

A Mackay father of two, hoping to reconcile with his ex-partner, instead found himself attacking her in a drunken fit of rage after she told him she was moving out.

Dane Graham Johnstone, 49, arrived at his home in Bucasia on February 17, 2024 to find his former partner, aged 26 at the time, collecting her belongings, Mackay District Court heard.

The two started a relationship in 2017 but, by the time of the offending, had been broken up for five months and she had already moved on.

When he arrived at 6.45pm, she told him she was shifting the following week when Johnstone attacked her, choking her for five seconds and pushing her onto the couch.

Johnstone pleaded guilty to charges of choking and common assault.

Johnstone said he was under a lot of pressure and his defence barrister told the court he was working two jobs at the time. Photo: Fergus Gregg

The victim said following the attack she felt as if she could not breathe, like she’d been punched in the throat and was unable to swallow.

“The physical and emotional harm Dane has caused me is irreparable,” the victim said.

“Since then, I have struggled with depression and daily life carrying the weight of this physical and verbal abuse.

“This experience has left me distrustful of others and struggling to function in both social and work settings.”

His ex-partner left and called police who arrived to the scene and arrested him.

Johnstone, who was intoxicated at the time, told police “nine years mate, I loved the girl but she’s f***ing moved on”.

Police asked if he was happy and he said, “of course I’m not happy, I’m under a lot of pressure mate, I’ve had enough”.

Defence Barrister Scott McLennan said Johnstone was “very emotional that night” and was working two jobs at the time.

“That’s why, in my submission, he behaved in a way that was extremely out of character for him,” Mr McLennan said.

“He’s asked me to apologise to the complainant and to the court on his behalf.”

Johnstone’s ex-wife and another former partner provided character references for him, both stating they were never the victims of violence at his hands.

One of Johnstone’s daughters also appeared in court to support her father, alongside Johnstone’s father, sister-in-law, niece-in-law and friends.

Judge Lynham said it was clear his offending had a “devastating impact” on the victim. Photo: Fergus Gregg

“He’s never been in any real significant trouble at all … previously of good character,” Mr McLennan said.

“He’s someone who’s worth giving one last chance to, one first chance too really.”

Judge Lynham said it was clear his offending had a “devastating impact” on the victim.

“It ultimately dawned upon you that there was no prospect of re-establishing that relationship and you’ve reacted in a most, and what I might say, atrocious way,” Judge Lynham said.

Judge Lynham noted the appearance of Johnstone’s daughter in court, as well as other supporters and said “they see much good in you”.

He was sentenced to two years’ jail with an immediate parole release date of February 28, 2025, ordered to pay $3000 in restitution within a month and convictions were recorded.

“I emphasise this to you Mr Johnstone, consider yourself very lucky,” Judge Lynham said.

“Those who commit offences of choking ordinarily expect to be sent to jail.”