Joseph James McPherson: Man pleads guilty to assault, wilful damage in Warwick Magistrates Court

A father of three has fronted the Warwick court after years of bitter family conflict boiled over into a violent confrontation with his brother and the other man’s wife, with the full altercation caught on camera.

A father has narrowly escaped spending time behind bars after facing the Warwick court over a violent assault on his brother and the other man’s wife.

An altercation broke out between an intoxicated Joseph James McPherson and his sibling at an Inglewood home on the evening of May 11 last year, escalating until the 31-year-old punched his brother on the left side of his face.

Warwick Magistrates Court heard the victim’s partner recorded the fight on her mobile phone, including when McPherson tried to grab the phone from her and pushed her over during the struggle.

Police prosecutor Ken Wiggan described the altercation as “pretty disgusting behaviour”, saying there was a long-running history of conflict between the brothers that could have been fuelled in part on this occasion by the victim’s wife’s commentary.

“(She said) ‘I’ve f —king got you now, Joey’, ‘I’ve got you now’, ‘You’re going to f —king jail, Joey’,” he said.

“He’s also punched the window out of the side of a Toyota Hilux, and there’s a quote for $148 for repairs.”

McPherson appeared in court with a criminal history including violence and drug-related offences, and had been nabbed drug driving on the Warrego Highway only weeks before the assaults.

Defence lawyer Clare Hine said the ongoing conflict stemmed from a property settlement after McPherson’s father’s death in 2015, which caused major issues and even “implosion” within the family unit.

“He wanted to talk to his brother because that brother and another brother had entered the property he’d been left by his father and taken $10,000 worth of timber without permission from his mother or himself,” Ms Hine said.

“One of the issues with the common assault really is that commentary by the brother’s partner.

“It goes on for the whole of the incident, and at one point it seems as if she’s almost enticing him to fight, and it’s certainly a tirade of abuse.”

Ms Hine added that McPherson had since identified mental health issues such as depression and was taking steps to stop using drugs and alcohol as a coping mechanism.

Magistrate Andrew Cridland conceded the family altercation wasn’t entirely one-sided with the provocation from one of the victims, but warned it didn’t justify McPherson’s violent response.

“You walked towards the victim and said words to the effect of, ‘Hey pretty boy, let’s talk like men’. That’s an open invitation to trouble, there’s no other way to look at that,” Mr Cridland said.

“This is the kind of thing that’s just got to stop, Mr McPherson, it’s been going for some time.”

McPherson pleaded guilty to one count each of assault occasioning bodily harm, common assault, wilful damage, and drug driving.

He was sentenced to 12 months’ jail with immediate release on parole.

He was also ordered to pay $450 in compensation to his brother and disqualified from driving for three months.