Airlie Beach man charged with choking for holding brother in UFC headlock

A big brother had 14 Jim Beams in his system when he decided to ‘talk some sense’ into his 13yo sibling. It escalated into something ‘seen on TV or in movies’.

A former footy player was drunk when he went to confront his 13yo brother for bad behaviour, but his attempt to talk sense devolved quickly into a fight.

A former footy player held his younger brother in a “UFC” headlock in what his lawyer said was to “talk some sense” into his misbehaved sibling.

Mackay District Court on Tuesday heard the now 21-year-old Airlie Beach man had taxied to his mother’s Jubilee Pocket home at 1am on June 5 last year, where his brother lived, after drinking 14 Jim Beams at the pub.

Defence barrister Scott McLennan told the court the former Proserpine/Whitsunday Rugby club player heard his brother, then aged 13, had slapped their sister and so decided to talk to him.

“All he was told was his sister was slapped so hard she wouldn’t go to school that day,” Mr McLennan said.

“He knew his brother had been suspended from school for getting into a fight … and he knew that his brother was speaking to his mother in atrocious terms.

“When my client went to the house … he’s confronted by his brother and three other similarly aged friends … drinking, smoking weed, up to mischief.

“My client tries to have a conversation (and) grabs his brother … it then escalates.

“The brother starts punching my client in the ribs and he makes the stupid decision to do some UFC hold that he’s seen on TV or in movies.”

Crown prosecutor Victoria Evans said the hold lasted from 30 seconds to a minute, with the brother “starting to black out and see spots”.

The court heard the older brother was arrested later that night and released on bail.

He pleaded guilty to a charge of choking (domestic violence) and a summary charge of common assault (domestic violence).

Ms Evans said at the time of the offence the man had no criminal history or protection orders in place.

Mr McLennan said his client was a construction worker with a stellar character reference from his workplace.

“These types of offences are usually committed by men motivated by a desire to force their female partner into submission and dominate them,” Mr McLennan said.

“This case is different because it’s motivated out of concern for his little brother and the path he saw his little brother going down.

“(It started as) a legitimate conversation that an older brother would have with his younger brother about legitimate concerns.”

Judge Michael Williamson said choking was a serious and “inherently dangerous act” with consequences that “can be severe, if not fatal”.

“Your current employer(’s character reference) indicates you are held in very high regard by that employer,” Judge Williamson said.

“The offending is somewhat out of character because it came as a shock to your employer (who described you) as honest, reliable, dependable, and carrying yourself with integrity.”

The man was sentenced to 12 months jail wholly suspended for a year, and was convicted but not further charged for common assault.

“You’ll have this hanging over your head for 12 months … keep living up to that high regard,” Judge Williamson said.