Marshall Robert Gordon in Rockhampton court for grievous bodily harm

A man who attacked his disability support carer was ‘goaded’, with the worker saying, “Is that all you’ve got? That’s it, you’re f--ked. You’re going to jail now,” a court heard.

Marshall Gordon.

A Rockhampton man who receives 24-hour care after suffering a traumatic brain injury when he was young brutally attacked one of his carers, punching the man repeatedly in the head and breaking his jaw.

The District Court in Rockhampton heard Marshall Robert Gordon, 43, attacked his disability support worker on February 10, 2022, who was funded through an NDIS package.

Crown prosecutor Ken Spinaze said there was some hostility between Gordon and the victim, and Gordon had attempted to headbutt the man following a conversation that ended with the man going to pack up his belongings and leave after being referred to as a “secretary”.

Mr Spinaze said Gordon, who receives 24-hour care, started throwing punches and that three hit the right side of the victim’s face.

“(The victim) felt cracking near his right ear and instant pain in his right jaw line,” he said.

Mr Spinaze said the victim responded to the attack by saying, “Is that all you’ve got? That’s it, you’re f--ked. You’re going to jail now.”

He said the victim pushed Gordon, causing him to fall to the floor, and that as he was walking to the front door Gordon grabbed him, pinned him against the wall and started throwing punches, hitting him in the jaw again.

Mr Spinaze said the victim pushed Gordon, causing him to slip over, and was able to get out of the house.

He said the victim suffered a fractured jaw and was referred to the Royal Brisbane and Women’s Hospital and had to undergo surgery.

Mr Spinaze said a report made by the victim’s company stated the incident could have been prevented.

“If the guidelines on how to interact with the defendant were followed this would have never occurred,” he said.

“The victim ignored them completely and was confrontational.”

Mr Spinaze said two months before the incident, Gordon was sentenced to nine months prison, suspended for two years, in the Rockhampton Magistrates Court on December 17, 2021 for an assault.

Defence barrister Maree Willey said her client had some issues with the victim in the lead up to the offending.

Ms Willey said there had been some a series of incidents in the weeks leading up to the offence where the victim had embarrassed or humiliated her client.

She said a psychologist report from September 2021 noted her client continued to have issues with his impulses and aggression against others.

The court heard after Gordon fell off a roof when he was young he suffered a traumatic brain injury and began having problems controlling his temper.

Judge Jeff Clarke said Gordon suffered from seizures and had made himself sick after smoking cigarettes and drinking alcohol for a number of years.

“You must not lash out at other people, especially those looking after you,” he said.

“You thought he had been making fun of you and you were upset because your brother had died a short time before that.

“The prosecutor accepts the victim goaded you.”

Gordon pleaded guilty on February 7 to one count of grievous bodily harm.

Judge Clarke sentenced him to 18 months prison with immediate parole.

He also activated the nine-month suspended prison sentence and ordered it to be served at the same time.

Originally published as Marshall Robert Gordon in Rockhampton court for grievous bodily harm