Maroochydore chef Samuel James Mostyn convicted of choking, assault

The victim suffered injuries to her trachea and larynx during the assault, and had trouble breathing and swallowing for days afterwards.

Maroochydore Court House. (AAPImage/David Clark)

A chef from the Sunshine Coast has been convicted of choking his partner and slamming her head against a chest of drawers during a violent altercation in December 2023.

Samuel James Mostyn, 31, pleaded guilty at Maroochydore Magistrates Court on Monday to one count of choking, one count of occasioning bodily harm and one count of contravening a protection order.

Crown prosecutor Michael Andronicus told the court the incident occurred when the victim visited Mostyn at his home in Maroochydore.

“They had an argument on her arrival, he was being nasty towards her,” Mr Andronicus said.

“She went to leave, and he grabbed her arms, pushed her towards the door, telling her to go. He then followed her around the home as she grabbed some of her belongings, and at one point raised his hands up and held them towards her neck.

“He started making attempts to grab at her neck,” Mr Andronicus said.

He said the victim described being “thrown around like a ragdoll” during the attack.

“He stood behind her and put his arm around her neck in the choke position … he squeezed hard, and she lost her breath,” Mr Andronicus said.

Maroochydore Courthouse. (AAP Image/David Clark)

Mostyn held the chokehold for about 30 to 40 seconds before the victim fought back, scratching him and prompting him to release his grip.

She fled into the bedroom, but he pursued her and “slammed her” into a chest of drawers, the court was told.

“She heard a loud crack from the impact,” Mr Andronicus said.

Following the assault, Mostyn reportedly apologised, claiming it was an accident, and gave the victim an ice pack for her head.

The victim sustained injuries to her trachea and larynx, mild concussion, and superficial wounds. She experienced difficulty breathing, swallowing, and yawning in the days after the attack.

In her victim impact statement, she spoke of emotional distress and losing her support network but expressed concern for Mostyn’s mental health, saying she hoped he would receive help.

Mostyn’s solicitor, David Crews, said his client had been self-medicating for PTSD with “a large amount of cannabis,” which he suggested could explain his behaviour.

While in custody, Mostyn had been working as a chef and planned to return to the industry upon release.

He also has a young daughter living interstate and hopes to relocate closer to her.

Judge Michael Byrne KC said it appeared to be out of character for Mostyn but highlighted the seriousness of the offence.

“This young woman has suffered physiological and psychological impacts,” Judge Byrne said.

Mostyn was given a head sentence of three years in prison. With 304 days already served in custody, he will be released on parole on December 5, 2024.

Convictions were recorded.

Originally published as Maroochydore chef Samuel James Mostyn convicted of choking, assault