Dwayne Marcus Hook, 42, jailed for strangling his then 19-year-old de facto wife and mother of his child

A court has been told the then 40-year-old strangled his 19-year-old de facto wife and mother of his child to the point she lost consciousness.

A 40-year-old man who choked his teenage girlfriend and mother of his child to the point she was rendered unconscious has been jailed for three years.

However, because Dwayne Marcus Hook had already served almost 17 months in pre-sentence custody, Judge Anthony Rafter SC ordered he be released immediately on parole.

Toowoomba District Court heard the couple had a five-week-old child with them at their then home where an argument arose when the couple was preparing to shower together on May 5, 2022.

In what was disputed by the defence, the then 19-year-old woman in a sworn statement claimed she was holding the baby in her arms when Hook pushed her to the floor and got on top of her, Crown prosecutor Emily Coley told the court.

Defence barrister Dan Boddice, for Hook, said his client disputed that the woman was holding their baby at the time.

However, Hook had then placed his hands around her neck with his thumbs on the front of her throat and squeezed for about 30 seconds, leaving the woman struggling to breathe to the point she lost consciousness, Ms Coley said.

Toowoomba Courthouse in Hume St, Toowoomba City.

When she regained consciousness, the woman saw her child crying on the floor, she said.

After the incident a court order was varied precluding Hook from being at the home with the woman but on September 12, 2022, he was there and an argument again ensued during which Hook assaulted the woman, leaving her with a bleeding lip, the court was told.

Ms Coley said Hook had a criminal history which included previous acts of violence dating back to the early 2000s.

The now 42-year-old Hook appeared in custody to plead guilty to strangulation in a domestic setting, assault occasioning bodily harm and common assault.

The complainant woman read a victim impact statement to the court explaining the significant effects the incidents had had on her.

Mr Boddice said the disputed facts between the parties would not make a difference to the ultimate sentence submitted by the Crown and defence.

Hook had spent almost 17 months in custody which had been difficult for him and he had been assaulted in jail, he said.

His client had provided a letter of remorse to the court and it was his intention upon release to work at being the best father he could be to his children which included four from a previous relationship, he said.

Even if given immediate parole, Hook would remain in custody until other matters before the Magistrates Court were dealt with, Mr Boddice said.

Judge Rafter sentenced Hook to three years in jail, but declaring 501 days of pre-sentence custody as time served under the sentence, ordered he be released immediately on parole.