Caleb Wimbus pleads guilty to grievous bodily harm against stepfather
A man who broke his stepfather’s jaw in a violent assault has avoided jail after a judge took an unusual approach.
Police & Courts
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A Moranbah man has avoided jail for breaking his stepfather’s jaw in a violent assault, after a judge took an unusual step over the “exceptional” circumstances in the case.
The attack occurred on November 22, 2020 during celebrations for Caleb Wimbus’s 21st birthday.
Mackay District Court heard it was about 3am and Wimbus had been arguing with their 36-year-old stepdad over his treatment of their mother.
Crown prosecutor Michelle Parfitt said later Wimbus heard an argument between his stepfather and his mother and also saw him push her as she was telling him “don’t”.
Then 20, Wimbus immediately punched the victim in the face twice breaking his jaw, resulting in his stepfather falling to the ground and losing consciousness.
The court heard he had to be taken to Townsville hospital where he underwent surgery to insert plates and screws into his jaw.
Wimbus pleaded guilty to causing grievous bodily harm at Moranbah.
Defence barrister Scott McLennan said his client had previously been exposed to domestic violence and believed his mother was being assaulted.
Mr McLennan argued given it was “understandable” why Wimbus had reacted the way he did.
The court heard Wimbus was remorseful for his actions that night, stating things had been heated.
Wimbus also offered to pay $3000 compensation to his victim.
Judge Gregory Lynham accepted the assault occurred because Wimbus had mistakenly or otherwise believed his stepdad had been assaulting his mother, but expressed it was very serious offending.
The court heard Wimbus had no criminal history.
“You must surely be alert to campaigns that have been run on TV and in other media outlets concerning the concept of one punch being able to kill,” Judge Lynham said, adding the courts have had to deal with many instances where a single blow had fatal consequences.
Ultimately Judge Lynham accepted there were “exceptional” circumstances allowing him to exercise his discretion in not sending Wimbus to jail but said it was “not without a great deal of hesitation”.
Instead Wimbus was ordered to complete 200 hours community service in 12 months. A conviction was not recorded and the compensation was ordered.
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