Ben Cameron Maher struck man with chair during argument over shared accommodation fridge space

An argument over fridge space at a university shared accommodation boiled over into violence when a then 28-year-old assaulted another man with a chair, a court has been told.

A 28-year-old Toowoomba man lost his cool during an argument over fridge space and struck another man in the head with a chair, a city court has been told.

Ben Cameron Maher was living in shared accommodation on the University of Southern Queensland campus at the time of the incident about 12.40am, January 15, 2023, Toowoomba District Court was told.

Crown prosecutor Nicole Friedewald said the complainant was chatting with two friends in the shared kitchen area when Maher walked in and opened the refrigerator door.

UniSQ IT student Ben Cameron Maher leaving the Toowoomba Courthouse on Tuesday, February 6, 2024.

Finding some food in what he believed was his space on a shelf inside the fridge, Maher had started throwing food onto the floor, prompting the complainant to ask what he was doing, she said.

During an ensuing argument, Maher picked up a chair and swung it at the victim, striking him in the left cheek with the leg of the chair, the court heard.

While the man did not suffer any fractures, he felt immediate pain and had difficulty opening his mouth for a time, Ms Friedewald said.

UniSQ IT student Ben Cameron Maher leaving the Toowoomba Court House on Tuesday, February 6, 2024.

Maher was arrested by police at the scene and he made admissions to the incident, telling police he had been in an argument over fridge space and had become angry when the complainant man wouldn’t let him speak, she said.

The complainant had not made a victim impact statement, she said.

Maher, now 29, had no criminal history at all and pleaded guilty to one count of assault occasioning bodily harm while armed which carried a maximum penalty of 10 years in jail.

His barrister Doug Wilson told the court his client now lived with his mother in Wyreema and was studying information technology at UniSQ.

His client had at age 10 been diagnosed with Asperger’s syndrome and he also suffered depression and anxiety as well as ADHD for which he was medicated, he said.

However, Maher had been off his medication at the time of the incident, Mr Wilson said.

While his client received a study allowance and had little cash he was prepared to offer some compensation to the victim, he said.

Judge Anthony Rafter SC ordered the conviction not be recorded and ordered Maher complete 150 hours community service and pay $500 compensation.