Man walks free from Warwick District Court after pleading guilty to choking, assault

A man will not spend any time behind bars after a series of horrifying attacks on the mother of his child, who repeatedly screamed ‘I can’t breathe’ while he strangled her and covered her face with a pillow.

A former Warwick man has walked free from court after pleading guilty to a series of violent assaults on the mother of his child, including choking her and smothering her face while she repeatedly screamed “I can’t breathe”.

An argument broke out between Hayden Peter Mortlock and his partner at their home one night in September 2020, which escalated when the woman began throwing his clothes onto the driveway.

Crown prosecutor Bernard Berger told Warwick District Court the 24-year-old started yelling at the woman and threw a shoe at her face, striking her nose and causing it to bleed.

It was only hours later as the couple were getting ready for bed that Mortlock shoved the woman with his shoulder as he walked past, knocking her over and causing her to hit her ribs on the bed frame.

Mr Berger said Mortlock’s most violent attack took place on the morning of December 28 that same year, when the woman was woken up by a text from her boss and the man accused her of hiding messages on her phone.

He told the court the argument and abuse continued until Mortlock picked up a shirt from the bed, at which his partner said, “I’m not going to let you wear the clothes I bought for you”.

“Before (she) could grab the shirt, (he) leapt onto the bed and put both his hands around her neck,” Mr Berger said.

Mortlock held his grip for about 30 seconds before using his right hand to grab a pillow from the bed, which he used to smother the woman’s face while she clawed at his sides to try and escape.

“She pulled the pillow off her face and he used his right hand to cover her mouth and nose, and pushed her back into the bed,” Mr Berger said.

“She continued to struggle and was screaming at the defendant, ‘I can’t breathe, I can’t breathe’.”

The victim did not lose consciousness, but was left with bruising and redness around her neck.

Mortlock then got up and picked up a cigarette before leaving the room, with his victim immediately driving to the police station and later being taken to Warwick Hospital.

The court heard the former Warwick man had a criminal history including assault, and was serving two probation orders and a suspended jail sentence at the time of these proceedings.

Mortlock burst into tears as he entered his guilty plea, saying “I’m sincerely sorry, and if I could take it back, I would”.

Defence barrister Jessica Goldie said her client left home at 12 years old after a difficult upbringing in foster care or with his grandparents, and at the time of the offending was unmedicated for mental health concerns such as schizophrenia and bipolar.

She said Mortlock was also struggling at that point to cope with the recent deaths of his cousin and nephew, and his grandmother’s cancer diagnosis.

“He went and took a domestic violence course of his own volition after this latest offending,” Ms Goldie said.

“Considering the steps he’s taken towards rehabilitation - his employment, where he is now - to send him into imprisonment for a couple of months would disrupt the efforts that he’s made in terms of his employment and mental health.”

Ms Goldie added that Mortlock was desperate to turn his life around so he could see the daughter he shared with his victim.

Judge Nathan Jarro denounced the brutal assault, saying neither Mortlock’s family concerns nor eventual cooperation with police could excuse any sort of violence against his then-partner.

“I’ve read your letter, but I’m not entirely persuaded that this demonstrates total remorse on your part, because I think you know how close you are to serving actual time in prison for such a cowardly act,” he said.

“People of your calibre who commit these sorts of offences must realise that the community does not tolerate violence upon females, and certainly not in the security of one’s home.”

Mortlock pleaded guilty to one count each of choking and assault occasioning bodily harm.

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