No jail time for Toowoomba mechanic who choked ex in jealous rage
The support of “leading members” of the Gunnedah community have saved a domestic violence offender, and grain farmer’s son, from serving time behind bars, after the young man subjected the victim to a strangulation trial.
Police & Courts
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A Toowoomba apprentice mechanic who was found guilty of strangling his ex-partner in a jealous rage has been spared jail time.
Following a three-day trial at Toowoomba District Court, a jury found Kurtis Charles Blewitt guilty of one count of strangulation in a domestic violence setting.
On the morning of the strangulation, the court heard the woman reluctantly let Blewitt into her home after telling him not to come over.
He demanded to see her phone, but when he didn’t get his way, he pushed her onto a bed and strangled her with such force she could not breathe.
Blewitt then told told the mother of his child to kill herself.
The 26-year-old, who moved back to his parent’s Gunnedah farm, was sentenced to two years imprisonment with immediate parole at the Toowoomba District Court on March 14.
Crown prosecutor Arielle Spiteri said in the lead-up to the trial, following the charges being laid, Blewitt “refused to engage” in any intervention programs and had a “victim blaming attitude and lack of responsibility”.
The court heard after a jury found Blewitt guilty, the young man had turned a new leaf and was open to seeing a counsellor and attending behavioural programs.
“This offending is serious,” Ms Spiteri said.
“It was as a result of the complainant refusing to provide access to a mobile phone.
“It’s clear from his offending both on this occasion and on previous occasions is born out of his jealousy, and his desire to maintain control over (her) after they’ve separated.”
She noted his criminal history had domestic violence related offences, and his behaviour had escalated.
“Strangulation is dangerous conduct, it can easily result in fatal and lasting consequences,” she said.
She noted he was on a probation order for DV offences when he committed the violent assault and submitted a term of imprisonment was warranted.
Barrister Jessica Goldie tendered 10 letters of support to the court, not including his parents Glen and Janice Blewitt; Kate Blaney, Trisha Blewitt, Anthony Morris, Richard and Glenda Glencoe, Stewart Hughes, Peter Long, Heath McIlveen, Colin McFerguson, Leanne Elphick, Stewart and Donna Hadwick
The letters were written after Blewitt was found guilty, and barrister Jessica Gold said in summary, that they spoke of him as being a respectful and hardworking member of the community.
She said he would like to finish his apprenticeship, however he planned to move in with his brother and work on the man’s Toowoomba farm.
Judge Power KC stressed to Blewitt how serious the act of strangulation noting it was viewed as a precursor to killing a victim, especially in a domestic violence setting.
Judge Power told Blewitt many judges would have sent him to jail, however it was a “relatively rare case, particularly after a trial, where a person wouldn’t have to serve immediate actual imprisonment”.
“The reason why I feel that this court is able to not send a young man like you into prison on an immediate basis is because I think despite the trial that has occurred that ultimately you are somebody that has many positive qualities,” he said.
“You were in some dark place, and you were in a spiral, that ended up with you placing your hand on a person’s throat… for three seconds with enough force that she couldn’t breathe.
“But when you looked at her, you realised that wasn’t the person you are and you stopped.”
Judge Power said looking through the references it was clear many people thought highly of Blewitt, noting he was an active member of the Gunnedah Bulldogs Rugby League Football Club.
“People struggled… to reconcile this with the person they know,” he said.
“It includes many leading citizens of Gunnedah.
“I am influenced by those references, I note Tony Morris’s reference talking about your volunteer work for the Wattles Rugby League (Football) Club.
“If you don’t appeal, you really just need to engage with this, to own this terrible moment that doesn’t reflect what you are… and you deal with it.”
He told Blewitt, there was “no way” he would be able to be a positive role to his son unless he confronted his actions and learned from his mistakes.
Blewitt was sentenced to two years imprisonment with immediate parole and ordered to pay the abuse survivor $5,000 compensation for her hardship.