Man slammed as ‘too ready with his hand’ after choking ex

‘There’s a background to it, it’s not just straight up gratuitous violence that you sometimes see’

A former Mackay man was jailed for two years wholly suspended for choking and assaulting his former partner.

A Whitsunday man choked and assaulted his former partner after arriving home to what he claimed he believed was a home invasion.

Minimal details were read aloud during a short sentencing hearing in Mackay District Court.

The victim had arrived at Jarred Leith George Gillie’s home claiming she was returning a shifting spanner – a story Judge Julie Dick did not buy.

“There’s a background to it, it’s not just straight up gratuitous violence that you sometimes see in these cases,” Judge Dick said, indicating she did not believe the victim had been there to return the tool.

“And I think the woman in the house … must have had some reason to ring him (Gillies).

“That doesn’t excuse his behaviour afterwards.”

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The court heard the victim had arrived at Gillie’s Conway home on October 10, 2019 while he had been away mowing his neighbour’s property.

As a result of her behaviour, Gillie’s new partner phoned him concerned and he returned home where the violence unfolded.

The 33 year old pleaded guilty to choking, assault and common assault charges.

“He’s previously … told the (victim) in no uncertain terms that he didn’t want to see her anymore and he didn’t want her coming around to the house anymore,” defence barrister Scott McLennan said.

The barrister tried to argue this was “a very unusual example”, but Judge Dick cut him off.

“I don’t think it’s very unusual Mr McLennan, he’s a big man, she’s a slight woman,” Judge Dick said.

“I’ve accepted she went there, I’ve accepted she was behaving in such a way that caused his new partner to ring him and I have said I don’t believe for a moment she took the shifting spanner to return it.

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“He has a relevant history and these are serious and prevalent offences.”

The court heard Gillies had an entry for violence on his criminal history and was responding well to probation handed down for unrelated charges.

“My client thought when he came back to the house it was a home invasion,” Mr McLennan said.

“I don’t care really, it’s a slight young woman and he’s … too ready with his hands,” Judge Dick said.

“He was reacting to her being there, but he overreacted.”

Judge Dick said research showed choking was often a pre-emptor to manslaughter or murder and noted she had dealt with three choking cases in two weeks in Mackay.

“Our courts are awash with it,” she said.

Judge Dick accepted the injuries were moderate compared to other cases and that Gillies was responding well to probation.

He was jailed for two years wholly suspended. Convictions were recorded.

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