Justin Peter Cipolla threatens to kill his Rockhampton partner after choking her

“Is today the day I lose my life because I haven’t done what I was told to do?” This is the daily fear a mother lived with with her partner, a court heard.

Justin Peter Cipolla, 32, was sentenced in Rockhampton District Court on November 21 after pleading guilty to one count of choking (domestic violence offence) and breaching a domestic violence order.

“Is today the day I lose my life because I haven’t done what I was told to do?”

That was a mother’s daily fear because she was “living at the mercy of violent mood swings and a controlling abusive nature” from her now former partner and father to two of her children.

That man was Justin Peter Cipolla, 32, who was sentenced in Rockhampton District Court on November 21 after pleading guilty to one count of choking (domestic violence offence) and breaching a domestic violence order.

Crown prosecutor Ken Spinaze said this was not the first time Cipolla had carried out a choking like act, having placed his arm around her neck and putting her in a chokehold in 2016.

This was after he had forced his way into her home and pushed her down stairs.

Mr Spinaze said on this occasion, sometime between July 15 and 31, 2022, Cipolla was arguing with the victim in a bedroom when he grabbed her by the throat and pushed her down onto the bed.

“He then sat on top of her, choking her with his left hand and pinned her down with his right hand,” he said.

Cipolla choked the victim for one to two minutes, causing the victim to struggle to breathe.

“The defendant said next time the victim laid hands on him, he would do worse and maybe finish the job,” Mr Spinaze said.

Judge Jeff Clarke said research had shown choking was “inherently dangerous” and there was a risk “people who choke their domestic partners go on to kill them”.

He said the threat Cipolla made on this occasion that he would “do worse and maybe finish the job” was “chilling”.

Mr Spinaze said when police spoke to Cipolla about it, Cipolla claimed he restrained the victim by pinning her down, but he was kissing her at the same time to calm her down.

Judge Clarke said the victim’s “powerful” impact statement (see in full below) “confirms the devastating impact that your need to control, dominate and coerce her and make her feel fearful and scared of you has had and continues to have until this day”.

Defence barrister Jordan Ahlstrand said his client accepted the relationship with the victim was over.

He said Cipolla’s parents both worked in mining and his childhood was not marred by domestic violence, drugs or alcohol abuse.

Mr Ahlstrand said his client described his childhood as happy and functional, growing up in Blackwater.

He said Cipolla admitted he has an issue with alcohol which had progressed to daily drinking after working excessively, to the point of passing out.

Mr Ahlstrand said after reading the brief of evidence, including Cipolla’s criminal record, he expected to meet a “vile human being” when he first met him, but found him to be courteous and accepted his criminal responsibility.

Judge Clarke sentenced Cipolla to 2.5 years prison, declared 232 days presentence custody as time served and set parole release for February 5, 2024.

Victim impact statement

To whom it may concern, I am writing this statement expressing my feelings, fears and concerns about what has happened in my life and those around me.

For many years, I have been at the mercy of violent mood swings and a controlling abusive nature from a man that promised to love and protect me.

I was made to feel worthless, insignificant, and a failure as a wife and a mother.

I was made to feel scared if I didn’t behave in a way that he demanded of me and was abused and threatened with bodily harm if I tried to say no.

Anytime I tried to defend myself, the abuse worse.

I got so scared trying to defend myself that I would spend as much time out of the house and away from him as possible, even knowing what I could potentially face when I got home.

Threats of bodily harm came from him even before I left the house.

Home wasn’t a safe place anymore.

I felt isolated, alone and terrified of reaching out to my family, friends or anyone who could possibly help me.

I was scared of what he might have done to them because I wanted to put a stop to domestic violence and get to a safe place.

Every day, there was a constant stream of questions going through my head.

Those questions would be:

– what would I say or do that could potentially set him off in an anger fuelled rage?

– Is today the day I lose my life because I haven’t done as I was told or acted how he thought I should?

I was scared to leave him because I felt like he would follow through on the threats he had made towards himself, myself and anyone else I might turn to.

It became very difficult for me to make any decisions because I felt like every direction I went in was wrong.

It has affected my sleep, my social skills, my ability to feel safe in any and all environments.

Every time I see a car similar to his, I get scared he might be coming after me.

Even knowing that he’s currently locked up, I still have a moment or two where all I see is him coming after me.

I have panic attacks and find myself looking for the nearest exit or the quickest escape route.

I had to quit my job because I was jumpy all the time and it had impacted my ability to do my job.

I’ve had to seek out counselling for myself so I can recover and heal from the damage that has been inflicted by his actions.

Originally published as Justin Peter Cipolla threatens to kill his Rockhampton partner after choking her