Man, 46, jailed for six-and-a-half years for strangling and raping his ex-partner, mother of his child

The man raped and strangled his ex-partner during a violent and protracted attack in her own home.

A 46-year-old man who strangled and raped his former partner has been jailed for six and a half years.

The couple’s relationship had ended in 2018 but occasionally they reconciled and they had a child together in 2020, Toowoomba District Court heard.

The man, who is not named so as to protect the identity of his victim, had been at the woman’s home to see their child on June 13, 2022, and all three had fallen asleep on separate couches, the court heard.

The woman woke to the man pulling a sheet off her after which he grabbed her by the throat leaving her struggling to breathe, Crown prosecutor Emily Coley told the court.

Dragging her from the couch, he backhanded the woman across the mouth, she said.

After he told her he wasn’t an abusive husband but he could show her what one was like, she asked him to leave but he threw her to the floor and strangled her again.

date rape generic

When he pulled down his pants, she screamed and, despite her protestations, put his penis into her mouth while threatening to kill her if she didn’t comply, the court heard.

Telling her to lay with him, the woman complied until he went to sleep and she left the house and hid in grass until a neighbour saw her and took her in and called police, Ms Coley said.

The woman, who was in court and visibly shaking when the facts of the case were read out, was left with bruising and scratches to her lip, face, neck and chin after the attack.

Ms Coley said the woman had provided a victim impact statement in which she described how she still suffered nightmares and flashbacks of the event and she was receiving counselling to cope with her fear.

The man, who had spent the ensuing 16 months since the attack in custody, pleaded guilty to two counts of strangulation in a domestic setting, and one each of rape, assault occasioning bodily harm and contravening a domestic violence order.

Referring to the man’s lengthy criminal history, Ms Coley said he had previous convictions of violence including assaults on a previous partner as well as this complainant.

His barrister Daniel Boddice said his client intended on his release from prison returning to his native New South Wales to live with his elderly father.

His client had done a number of courses in prison to better himself, he said.

Judge Dennis Lynch KC described the man’s treatment of the mother of his child as “appalling” and “brutal”.

Judge Dennis Lynch KC

Judge Lynch noted that prior to this night, the man had asked the woman to write a letter describing their relationship and in that letter she had made it clear she no longer wanted a sexual relationship with him.

“It would seem to me her rejection of you which resulted in all of this conduct,” he said.

“You referenced that letter during the course of your disgraceful attack on her.

“The offences that I am to sentence you for are serious examples of domestic violence.

“It is well understood that offences of domestic violence are prevalent in the community and the community implores the courts to do something to try and prevent that offending in future.

“In the present circumstances, I’m satisfied a lengthy term of imprisonment is necessary to prevent you from committing further acts of domestic violence in the future.”

Judge Lynch sentenced the man to six and a half years in jail but, declaring the 501 days of presentence custody as time served, ordered he be eligible for release on parole as of August 12, 2024, after having served one-third of the term.