Benjamin John Martin, 27, assaulted two James Cook University researchers over a kitchen use dispute on Great Keppel Island
A young man has been handed a jail sentence after laying into two university researchers working on a Central Qld island where his family was holidaying, over a petty dispute about a kitchen space. Full details here.
Police & Courts
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A young man ordered to pay $2000 compensation to one of two James Cook University researchers he assaulted on Great Keppel Island ‘grossly overreacted’ to a petty dispute.
Benjamin John Martin, 27, pleaded guilty in Rockhampton District Court on April 22 to one count of assault occasioning bodily harm and one of common assault.
Crown prosecutor Bianca Volling said Martin and his family were staying at the GKI Hideaway; as were the victims who were there for a James Cook University research project.
She said a verbal argument broke out between the researchers and Martin’s family over the use of a kitchen.
Ms Volling said Martin was not present, but told police he had received a call from a family member telling him his father was being assaulted and conceded he never saw his father being assaulted.
She said not long after Martin arrived to the verbal argument scene, things escalated into violence.
She said Martin grabbed one of the victims, pushed him up against a wall and shouted “no one talks to my Dad like this”.
Ms Volling said others intervened and pulled Martin away.
She said soon after, the second victim entered the kitchen and Martin “turned his aggression towards him”.
Ms Volling said Martin threatened “I don’t like the look of that c---” before punching him many times in the head.
She said the victim protected himself, pushed Martin away and the pair “tussled on the ground” where Martin continued to punch the victim.
Ms Volling said the victim, in an attempt to protect himself, attempted to put Martin in a choke hold.
She said Martin only stopped his offending behaviour when others intervened.
Ms Volling said the second victim had cuts and abrasions on his head, bruising and swelling to his nose, lacerations on the lip which required stitches, and chips to some of his teeth.
Defence barrister Jordan Ahlstrand said his client was the eldest of six children and his parents had run restaurants in the region, even after they separated.
He said Martin had worked in the past but had been on a disability pension for the past three years.
Mr Ahlstrand said his client had never used drugs and had binged drink a few times.
He said since this offence, Martin had stopped drinking alcohol and had attended Alcohol Tobacco and Other Drugs Services four times.
“He doesn’t have the money to pay compensation for the (AOBH victim’s) dental injuries but was willing to pay it off,” Mr Ahlstrand said.
Judge Jeff Clarke said the AOBH victim’s impact statement outlined headaches, body aches, difficulty focusing on his important work, hypervigilance and suffering detriment to his health, work and personal life and that he sought counselling to help with his anxiety.
He said the victim complained of suffering from disturbed sleep and had to take 10 days personal leave to get assistance with his mental health not covered by his work cover.
Judge Clarke said the first victim, who had seen active service, suffered psychological distress after the assault.
He described the GKI assaults as ‘fortuitous violence’ and “a gross over reaction” to what Martin had found at the scene which was a petty dispute.
Judge Clarke sentenced Martin to 18 months prison, wholly suspended and operational for two years and ordered him to pay $2000 compensation to the second victim.