Melbourne Microsoft principal software developer Nicholas Lester choked son for playing Nintendo

A senior Melbourne Microsoft developer’s job is “precarious” after he choked his son for playing a Nintendo Switch game.

Nicholas Lester pleaded guilty to unlawful assault. Facebook.

A Melbourne dad who threatened to stop his son breathing because he wouldn’t stop playing a Nintendo game has avoided a conviction after a court was told his job was “precarious”.

Nicholas Lester, 41, was sentenced in the Melbourne Magistrates’ Court on Monday to a 12-month community correction order after pleading guilty to unlawful assault.

The court heard Lester became “frustrated” and assaulted his then seven-year-old son about 1.30pm on February 6 last year.

Lester entered the victim’s room and placed his son in a chokehold because he wouldn’t stop “playing his game”.

The victim, whose face went “red”, yelled for his mother who ran to the West Melbourne apartment bedroom.

“I can’t breathe,” the victim said.

Lester, a senior Microsoft developer, then yelled at his son and now-estranged wife who was eight months’ pregnant at the time.

“I will stop him breathing,” Lester screamed.

The mother pulled Lester off her son but he continued to “berate” the victim before being told to leave the room.

The mother then left the apartment with her son who sustained a sore throat and stomach and bruising under his arms and eye.

Multiple residents of the multi-level complex who heard the loud altercation rushed to Lester’s apartment.

A witness also heard Lester scream out “I will stop him breathing”.

Multiple witnesses said they heard a “loud male screaming voice”.

Police called to the scene activated body worn camera and knocked on Lester’s door just after 3pm.

Lester told police there had been “yelling” because the victim had been “behaving badly”.

Lester also told police he “verbally reprimanded” his son but the victim continued to “act out” and “threaten to damage property around the house”.

Lester denied hitting the victim.

Police spoke with the mother who said the victim had been “naughty”.

The court was told the mother said her son had been “hitting and throwing things around” so Lester carried the victim to the bedroom.

The mother said Lester became “so enraged” and “lost it”.

She told police she believed Lester was “squeezing” her son “too tight”.

Lester moved in with his parents that day after was he ejected from the apartment.

Lester made a “no comment” interview when questioned by police.

The court heard Lester has been estranged from his family since the offending.

Lester is employed as the Microsoft principal software developer, a company he was worked for since achieving his RMIT computer science PHD 15 years ago.

Lester, who has worked both in Australia and the States, suffered mental health issues but was now seeking treatment.

The court heard the victim had been a “difficult child” for “some time” which escalated “difficulties” in the marriage.

Multiple references tendered to the court on Lester’s behalf expressed surprise at the offending committed by “simply not the man they know”.

The defence made a late submission that Herald Sun reporting which exposed Lester led to his employer becoming aware of the offending.

The defence submitted Lester should avoid a conviction as his plum Microsoft job was now “precarious”.

Lester was also ordered to undertake 100 hours of unpaid community work.

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