Troy Francis Kelly in court for assault

A man texted his parents that he was “about to kill one of them” days before an argument broke out when he returned to their home from a fishing trip.

Troy Francis Kelly held his head in his hands as he appeared in Bundaberg Magistrates Court via videolink on Monday, February 27, 2023.

A court heard how an addiction to alcohol led a man down a path of violence that left his mother in “extreme fear”.

Troy Francis Kelly held his head in his hands as he appeared in Bundaberg Magistrates Court via videolink on Monday, February 27, 2023.

Kelly pleaded guilty to one count each of public nuisance (domestic violence offence), common assault (domestic violence offence) and using a carriage service to make a threat to kill.

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Police prosecutor Andrew Powis told the court that on February 25, Kelly had come back from fishing when he told his mother not to touch his fish, sparking an argument.

“...during that argument the defendant grabbed a freezer bag and pushed it against the aggrieved‘s face, which caused her extreme fear as she thought she was going to be choked or strangled,” he said.

When police attended, they noticed a red mark on the left side of her face and Kelly was seen taking a bat to his own car, smashing its windows, windscreen and panels.

Police said the incident caused anxiety to people in the area.

Bundaberg Court House.

Senior Constable Powis told the court Kelly had admitted to the attack on his mother, saying he had covered her face with a freezer bag to “shut her up”.

Kelly told police that when he gets angry he blacks out and can't remember anything.

Police also told the court of a text message Kelly sent his parents on January 22, where he told them: “I'm sick in my head and I’m about to kill one of you” before sending another message stating he was “just kidding”.

Police said the text led his mother to fear for her safety.

Kelly’s lawyer Christabelle Stafford-Smith told the court her client, who had formerly worked as a steel fabricator, suffered from alcohol induced schizophrenia and was currently unemployed and living with his parents.

She told the court her client was “ashamed to his core”.

The defendant’s brothers attended court and Ms Stafford-Smith said it was their intention to help their brother find a place in a rehabilitation clinic when he was released from jail.

In sentencing, Magistrate Edwina Rowan said Kelly’s most serious offence was the one of placing a freezer bag on his mother’s face.

“She reasonably feared she was going to be choked or strangled,” she said.

“That could have had some fatal and serious consequences for her.”

For the charge of common assault, Kelly was sentenced to two months’ prison, wholly suspended for 18 months.

He received 12 months’ probation for public nuisance and was convicted but not further punished for the text message.

Originally published as Troy Francis Kelly in court for assault