Russell Island man turns ‘volcanically’ violent on friends and steals from employer

A man tried to comfort a friend’s partner by putting her in a chokehold and then punched his mate when he came to her rescue, a court has heard.

A man who tried to calm down his mate’s girlfriend by putting her in a chokehold and then proceeded to punch his mate when he came to his partner’s rescue has been urged to seek counselling for his “volcanic” temper.

Appearing at Cleveland Magistrates Court today, Benjamin John Merrett, 22, pleaded guilty to assault occasioning bodily harm, common assault and enter premises and commit indictable offence.

The court heard the former Russell Island, now Eagleby man, was accompanied by his partner and two friends when things “went south” late at night on Russell Island on November 10.

Exiting his vehicle to comfort his mate’s girlfriend the situation quickly devolved to violence when Merrett placed her in a chokehold.

When the victim’s concerned partner came to the rescue, the court heard, he was punched in the face for his trouble.

Benjamin Merrett fronts Cleveland Magistrates Court for assaulting two mates. Picture: Marcel Baum

The ugly incident followed a case of break-and-enter on October 23 when Merrett “took matters into his own hands” to recoup allegedly owed wages from his employer on the island.

Short a claimed $180 for a “day and a bit’s” work painting the defendant, accompanied by a friend, smashed a window to steal a money box from Lascala Painting.

The court heard the man had also been sentenced for a “significant” wilful damage offence last year.

Defence solicitor Lyle Parker said $180 might not be much for some but it is a significant amount “when you have nothing”.

Mr Parker tendered character references to the court and said his client had since cut all ties with his assault victims and had sought counselling for his anger management issues spurred by a recent family tragedy.

Magistrate Deborah Vasta put Merrett’s offending down to a tendency for “spur of the moment” reaction.

The magistrate informed the court men’s brains only fully mature at age 24, which she said can lead to impulsive behaviour.

“You’re like a volcano, just reacting,” Magistrate Vasta said.

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Merrett was sentenced to 18 months probation and ordered to complete 40 hours of community service.

He was also ordered to pay his assault victim $300 in restitution and further ordered to pay $995 in restitution to the victim business.

The defendant was barred from contacting his assault victims, except with their written permission.

A conviction was not recorded.