Angry thug bashes expectant mum with a wooden plank

The court heard the man has an ‘obvious temper problem’.

A MAN who assaulted a pregnant woman with a plank of wood has avoided spending time behind bars.

Bowen man, Garry Andrew Rogers, was at a Bowen business on July 17, 2018, trying to dispose of old boat parts and pieces of wood into an industrial bin when he was confronted by an employee of the business.

Bowen District Court heard Rogers, now 66, became abusive to the 27-year-old employee after she informed him it was for private-use only by the business, and he had "effectively filled it halfway".

When reading the facts of the case to the court, Judge Gregory Lynham said the woman offered to help remove the rubbish so it could be disposed of elsewhere, stepping up to assist Rogers who then became argumentative.

The woman removed a plank of wood from the bin, which Rogers picked up and "armed" himself with.

He then smashed the wood through a car window, before turning to the woman and striking her on the front of her right leg.

Crown Prosecutor Monique Sheppard said when the woman told Rogers she was pregnant, Rogers responded "I don't give a f---", before striking a second time to the woman's right leg.

A friend of Rogers, who was with him at the time of the incident, convinced him to calm down and Rogers put the wood down and left the scene.

The court heard the woman was taken to a medical centre and assessed to have "relatively minor" bruising to the inner side of her right knee and upper leg.

Defence lawyer Frank Richards said Rogers was currently unemployed and on an aged pension, but had previously been a commercial pilot for Air New Zealand as well as an air traffic controller.

Mr Richards said Rogers was "familiar" with a number of industrial bins that he and others had used without concern, and recalls he thought he had permission to use the unlocked bin.

"It was born out of confusion," Mr Richards said.

"The pregnancy was not obvious - she was behaving in a way that he wasn't aware - although he doesn't contest she was pregnant.

"He discontinued on his own accord, (the assault) was spontaneous but brief and there were only minor wounds."

Mr Richards said Rogers had been working on his temper through programs and counselling and was "unlikely to come before the courts with his new found skills for dispute solution'.

Judge Gregory Lynham said Rogers had an 'obvious temper problem', having been previously convicted of assault occasioning bodily harm in 2008 and 2015.

He took into account Rogers early plea of guilty, having pleaded guilty to assault occasioning bodily harm on the morning of a trial into the matter in August 2019.

He was jailed for nine months with immediate parole, with conviction recorded.

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