Hunter Owen Trathen walked from Southport District Court after pleading guilty to choking and assaulting his ex-partner

A retail worker who laid on top of his partner and choked her until she couldn’t breathe walked free from court because he was deemed to be too young for jail.

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A RETAIL worker who laid on top of his partner and choked her until she couldn’t breathe walked free from court because he was deemed to be too young for jail.

Hunter Owen Trathen assaulted and choked his 18-year-old partner in her mother’s home on November 5, 2019.

The 19-year-old on Monday pleaded guilty in the Southport District Court to five charges including contravening a domestic violence order, assault occasioning bodily harm and choking in a domestic relationship.

He was convicted and sentenced to 18 months’ jail with immediate parole.

Judge William Everson said the sentence was an appropriate deterrence despite the seriousness of the offending.

“It is not necessary at this point to serve actual jail time given your young age and lack of criminal history and underlying vulnerabilities,” Judge Everson said.

Crown prosecutor Michael Mitchell said the “frightening” experience happened over a three-hour period of the couple arguing.

Mr Mitchell said Trathen, who was 18 at the time, grabbed his partner by the hair and pulled it, pushed his hand down on her face, causing her to bite her lip, pushed her backwards by the throat, laid on top of her and choked her until she couldn’t breathe.

“It seems a neighbour was concerned by the noises coming from the house and called police,” he said.

Hunter Owen Trathen. Picture: Facebook.

“I would ask Your Honour to infer from the schedule of facts and the injuries that it has been a frightening experience for the complainant.”

Judge Everson said Trathen was at the time immature and in a toxic relationship and the victim’s injuries didn’t warrant time in jail.

He said despite it being a domestic violence incident, the victim didn’t suffer serious injuries and didn’t provide a victim impact statement.

“There’s the picture of her mouth, there’s two tiny little teeth marks in her lip,” he said.

“At one point during the incident, the complainant ran to the door of her sister’s bedroom which was locked, and called to the sister, ‘He’s going to kill me, call the police’.

“The sister would not let her in, telling the complainant to go away and shut up.

“This perhaps gives an indication of the way another person in the residence viewed the seriousness of the offending.”

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Judge Everson told Trathen, who plans to return to New Zealand to work with his father, that he was given an opportunity to turn his life around.

“Never treat a woman like this again. If you so much as put your hand on the throat of a woman like this, you’ll be looking at real jail time.”

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