Justin Mitchell Sullivan: Man walks free from Warwick District Court after choking, violently assaulting partner

NAMED: A man who pinned down and choked his former partner and viciously punched and kicked her in a terrifying attack has walked free from a Warwick court.

A man has walked free from the Warwick court after forcing his way into his former partner’s home then choking and violently assaulting her during a horrifying attack.

An argument first broke out between a drunk Justin Mitchell Sullivan and his victim at the woman’s Coolmunda home overnight on April 3 last year, after she found texts from and spoke with another woman claiming to also be involved with Sullivan.

Warwick District Court was told the woman woke up Sullivan and confronted him, yelling at him and telling him to leave, which enraged the man and he shoved her into a nearby wall.

The pair continued arguing as the victim followed Sullivan out of house, with the 33-year-old turning around and kicking her several times until she fell to the ground.

Sullivan’s frightening assault on the woman only escalated as he was locked out of the house and his victim said she would pack up his belongings, with the man banging on several doors and windows until he was finally able to barge his way inside.

Crown prosecutor Hamish McIntyre said Sullivan’s victim feared she was going to die when the man then pinned her down on a mattress and squeezed her neck, cutting off her airways while she flailed her arms and legs “uncontrollably” in an attempt to escape.

“He does then punch her square in the face, causing her nose to bleed,” he said.

The woman then stumbled outside and other people at the property came to her aid, including her brother, who Sullivan headbutted during a brief altercation between the pair.

Sullivan then seized a nearby bag and swung it into the woman’s head in his final attack on his victim before he was eventually subdued and police were called to the scene.

Mr McIntyre told the Warwick court that Sullivan had in 2018 been convicted of choking the same partner, on that occasion until she was unconscious, and that her victim impact statement revealed this more recent assault had taken a significant toll on the woman.

“She speaks of trouble facing her children about what (Sullivan) did, she’s moved away from the area, and she suffers flashbacks and has had to take leave from work due to the emotional impact of the offending,” he said.

Defence barrister Jens Streit said his client was significantly intoxicated on the night of the attack, and had been stopped only hours earlier by his victim and other guests at the home from driving home on his motorbike.

He said Sullivan broke down in tears while being interviewed by police and still had little memory of the incident, which meant he was now barred from seeing his children without further court proceedings.

“At the time of the offences, they were in an on-again, off-again relationship,” Mr Streit said.

“He, as Your Honour can see from the exhibit before you, did suffer a significant (shoulder) injury in relation to entering the property itself.

“As a consequences of his offending, he hasn’t seen his two children who he loves very much, (and) he’s always supported them and provided for them.”

Mr Streit said Sullivan had spent his 17 months in pre-sentence custody completing qualifications and counselling courses or working, and hoped to return to his work in airconditioning upon his release.

“It seems that when he’s not on the alcohol, he’s a significant contributor to society,” he said.

“He accepts his offending in the cold, hard light of day as awful, he is remorseful, and he wants to get on with his life and plans.”

Sullivan’s mother and two sisters supported him from the courtroom gallery and were visibly emotional during the sentencing.

Judge Michael Burnett acknowledged there was some responsibility on both Sullivan and his victim for continuing their relationship despite the domestic violence order in place, but said it was no excuse for his violent conduct.

He told Sullivan his previous parole order and more recent time in custody showed he could be a law-abiding and useful member of society, even though it was obvious he had not yet learned from past mistakes.

“You need to move on, Mr Sullivan. You cannot behave this way towards your former partner, or indeed anyone else,” he said.

“We all have to deal with (issues) in our relationships, but we don’t treat spouses or partners this way. There are civil ways to deal with your domestic disputes, and this is not one of them.

“You need personal deterrence, because it’s evident from your history that you haven’t learned your lesson, and community deterrence to deter like-minded offenders.”

Sullivan pleaded guilty to one count each of choking, entering a dwelling by break with intent to commit an indictable offence, assault occasioning bodily harm, and contravening a domestic violence order, and four counts of common assault.

He was sentenced to four years’ jail with immediate release on parole.