Father sentenced in Rockhampton court for choking son

He grabbed the boy around the neck with both hands, lifted him off the ground while continuing to say ‘you have no where else to go’.

Generic in of a male child Picture: Cameron Bates

A Rockhampton region father has avoided spending actual time in a prison for choking his 11-year-old son and assaulting him.

Crown prosecutor Ken Spinaze told Rockhampton District Court this week the child was staying with his father during the school holidays and the pair argued before and after dinner.

The boy told the father, “f--k this s--t, I’m going to my mum’s”.

Mr Spinaze said the man, who cannot be named for legal reasons, told the son that he was the only person who truly cared about him and he was all the child had.

He said the child went to his bedroom and started packing his bag before walking to the front door to put shoes on.

The defendant, in his 40s, grabbed the boy around the neck with both hands, lifted him off the ground while continuing to say, “you have nowhere else to go”.

Mr Spinaze said the child told his father he was choking him.

He said the child recalled not being able to breathe and started to lose consciousness.

“The victim however, was able to put his feet on a window ledge which allowed him to breathe,” Mr Spinaze said.

The choking went on for about a minute and when the father let go, they tripped over shoes and both fell to the ground.

The father landed on top of the child and punched him about four times in the face and upper torso.

One of his strikes struck a window pane instead.

After getting off the child, the defendant emptied the child’s bag which the victim then picked up and left.

The child went to his fraternal grandmother’s house nearby.

His sister contacted their mother and the children returned to her care.

The boy sustained bruising to his neck, chest, around both eyes, right cheek, forehead and right shoulder.

He was given painkillers and released from hospital the next day.

The man pleaded guilty this week to one count each of choking and assault occasioning bodily harm.

Mr Spinaze said while there was no victim impact statement, the child did say he wanted the court to know he recognised he did things to provoke his father that night, this was the worst thing his father had ever done and he did not believe his father would ever do it again.

The court heard the Department of Education was subpoenaed for the child’s records to assist the court.

Defence barrister Maree Willey said more than 100 behaviour issues noted on his school records for the past three years, including multiple suspensions for threatening teachers and students, fighting, having weapons at school, smoking, vaping and having other people’s prescription medication.

She said the child was putting holes in walls and doors at home, assaulting his family members and found with stolen tools, vapes, prescription medications belonging to others in his room.

Ms Willey said the child complained to police life at his father’s was “boring” and his father wouldn’t “let him roam around town with his friends”.

Judge Jeff Clarke said the material before him indicated the child had worked out how to play his parents against each other.

“Your son had become incredibly defiant and was acting out to the point of having serious problems in his behaviour both at school and in the home,” he said.

She said her client felt stressed and when he was arrived home each day, he wondered what he was going to have to deal with and was concerned with his son’s welfare.

Ms Willey said since this incident, her client had engaged with a psychologist to learn how to deal with such stress.

The court heard the defendant had no criminal record and had worked almost consistently since leaving school, except for about two years while he dealt with a health issue.

Ms Willey also provided a handful of character references to the court.

Judge Clarke sentenced the man to a two-year prison term, wholly suspended and operational for two years.

Originally published as Father sentenced in Rockhampton court for choking son