Toowoomba man raped wife, threatened to shoot her and children over two and a half years of domestic terror

WARNING: DISTRESSING CONTENT. Staring down her ex-husband, the victim of a horrific series of domestic violence offences told a Toowoomba court how her former husband’s actions have left her with scars that won’t heal.

Staring down her ex-husband, the victim of a horrific series of domestic violence offences has told a court how her former husband’s actions have left her with scars that won’t heal and traumatic memories of a night where she thought she and her kids would die.

The man, who cannot be named for legal reasons, sat in the dock of Toowoomba District Court as the woman delivered her victim impact statement.

Describing the two and a half year relationship of escalating domestic violence, the woman said her former husband wreaked havoc on her life.

“He moulded my life to suit him, he tried to forge me into someone that I wasn’t,” she said.

“I was trapped in a cycle of abuse by someone who married and had children with me to make it harder for me to leave,” she said.

“It was extremely hard to leave, but it wasn’t impossible.

“For so long I had accepted that this was going to be my life for the rest of my life.”

The court was told the now 34-year-old’s violence against the victim began in early 2018, and continued in 2019, with multiple incidents where the man while drunk slapped, punched, choked and spat on the woman, despite a domestic violence order being issued in October 2017.

The violence escalated when in July 2020 Crown prosecutor Nicole Friedewald said the man went out drinking, and despite being told not to come home arrived at the property about 3.30am.

The court was told after slapping and biting the victim on the lips he went on to anally rape her, despite her screams not to and for him to stop.

Ms Friedewald said in a “selfish and callous” act he refused her to seek medical treatment for injuries caused by the violent rape.

Two months later on September 12 the man again went out drinking, and after receiving unusual messages the woman called police for a welfare check in the early hours of the following morning.

Police found the man, and after telling them they could bring the man to her place the victim received a threatening call from him, where he told her “you f---ed my life now I’m going to f--- your life”.

“She tried to tell police she was uncomfortable with him staying there to no avail,” Ms Friedewald said.

“He joked with police that he had a weapon at the home and despite that police issued him with paperwork and left him in the complainant’s presence.”

After police left the man started yelling at the victim, threatening “do you want to see how fast a rifle can shoot” before he armed himself with a rifle, loading the weapon in the hallway and cocking it.

Ms Friedewald said the victim pleaded with the man to put the gun away, and sat in front of their two-year-old child, who had been woken by the disturbance.

The child asked her father what he was doing, and he replied “this is mummy’s fault, you’re going to sleep now”, aiming the gun at the child, the court was told.

The child hid under a blanket, and the man repeated the threat to his six month old baby as the victim pleaded with the man to stop, who replied “if I just kill you I don’t get the kids so I have to kill all of you”.

During the incident police were calling the victim, and she answered one of the calls with the man instructing her on what to say, and after 45 minutes police eventually arrived, but not before the man had fled the house, hiding the gun under a couch and the rifle magazine in a toy basket.

He was later arrested, and has been held on remand bail refused since September 13, 2020.

Ms Friedewald the domestic violence offending was protracted and often involved violence within the home in the presence of children.

In her victim impact statement, the woman said “the line was crossed that final night”.

“As long as the children were happy, healthy and free from harm I could take whatever was sent my way,” she said.

“I did the best I could even after the system dramatically failed us. It took 45 minutes of horror before our abuser was taken away for the second time that morning. The impacts of this relationship will follow me through life from medicines to counselling to surgery.

“Life is tough, but knowing I’ll never be in that situation again is enough to power me for years to come.”

In court on Monday the man pleaded guilty to three charges of dangerous conduct with a weapon, rape, choking and common assault, dating between January 2018 and September 2020.

The man’s barrister Gerard Elmore said a plea of guilty was the result of case conferencing, and should be considered at sentencing as it resulted in a “significant benefit” to the victim in not having to give evidence in court.

During his 638 days of pre-sentence custody Mr Elmore said his client had engaged with substance abuse programs and had recognised the seriousness of his offending which was related to his alcohol and steroid abuse.

Describing the situation he found himself in as “deeply regrettable”, Mr Elmore said his client also wanted a future and with the support of his family hoped to focus on his health and rehabilitation.

Judge Michael Byrne QC said the man’s “disgusting and vile” offences were characterised by domination and oppression on his part.

“Only one example is the fact that you spat in the complainant’s face after choking her to the point of unconsciousness,” the judge said.

“On the occasion of the rape you inflicted violence on her both before and after which in itself was a protracted incident.”

Judge Byrne described the gun threats as “breathtakingly serious”.

“I cannot find the words to properly describe the revulsion and disgust that right-minded members of the community have for that conduct,” he said.

The man was jailed for nine years, and with time served will be eligible for parole on September 12, 2026.