Zigad Dawood Khalaf Simoqa, 29, sentenced in Toowoomba District Court

A man who terrorised his former partner and mother of his child before violently attacking her has been sentenced in Toowoomba District Court.

A judge has scolded a Yazidi man charged with abhorrent domestic violence offending against his former partner, frankly telling him that choking a woman to the point of unconsciousness was “no way to treat the mother of your child, if you love your child at all”.

Zigad Dawood Khalaf Simoqa sat pensive in the dock at Toowoomba District Court on Friday awaiting his sentence, which was partly heard in the same court earlier this year.

Simoqa previously fronted Toowoomba District Court on Friday, May 10, and pleaded guilty to assault occasioning bodily harm, strangulation, breaching a protection order made in early 2021, and entering a home with the intent to commit a crime.

The court was told in May how Simoqa had spent months harassing his former partner in the lead up to the terrifying events that unfolded in March 2023, including sending her a graphic image of a woman beheaded.

Despite previous orders, including a suspended sentence, probation and parole, Simoqa continued to inflict suffering on his former partner.

Crown prosecutor Ellen Fletcher told the court in May that Simoqa’s six page criminal history was almost inclusive of domestic violence related offences against his former partner.

The despicable violent offending in March last year would see Simoqa spend 514 days in pre-sentence custody.

A man who sent a graphic image of woman beheaded to his former partner before violently attacking her in a backyard has been sentenced in Toowoomba District Court.

The stain of domestic violence

At the final hearing on Friday, August 2, the court was told Simoqa had attended Toowoomba Police Station on the day of the offending, and under caution denied having seen his former partner for a year.

Crown prosecutor Abby Kong said Simoqa further told police he had been out on a walk before returning home at the time of the offending.

The reality saw Simoqa cause a wave of devastation, bursting into his former partner’s home, dragging her by the hair into a seat where he began punching her in the back and stomach.

He then again grabbed his former partner by the hair and dragged her into the backyard, where he attempted to gouge out her eyes.

The court was told police later arrested and charged Simoqa, who has since spent 514 days in pre-sentence custody for this and previous offending.

A domestic violence protection order was in place at the time of the offending.

Ms Kong said while a victim impact statement wasn’t included, it would not be difficult for the court to appreciate how terrifying the event was for the complainant given the facts submitted, including a terrifying act of choking.

“Not only did the act of strangulation result in a loss of consciousness, it’s also in context what makes it so serious,” Ms Kong said.

In recounting the horrifying event, Ms Kong told the court how Simoqa had repeatedly told his former partner he would inevitably kill her.

When police arrived at the address, they found the complainant was still unconscious, however, had regained consciousness before paramedics arrived.

Given the continued blatant disregard to the protection order, Ms Kong asked the court to consider extending the current order against Simoqa for another five years.

TOOWOOMBA, AUSTRALIA – NewsWire Photos – JULY 4, 2024. The Toowoomba Magistrates and District Court building. Picture: Dan Peled / NewsWire

In contextualising the man now sat behind bullet proof glass, Simoqa’s barrister Wes Seewald told the court how his client had migrated to Australia after his village in Iraq was destroyed by Islamic State conflict.

The court was told Simoqa was living in Australia on an international visa and the result of his sentence could see him deported.

Mr Seewald told the court despite the conflict in Sinjar having ended, Simoqa’s faith would see him at risk of persecution due to the ongoing vilification of Yazidi people.

“He is concerned that upon his return to Iraq he will not have his former home to return to and he will still be persecuted as a Yazidi man,” Mr Seewald said.

“While the fighting between the Kurdish and Islamic State has now concluded, Yazidi people are still deprived of a political agency and are unable to freely practice their religion in his region.”

Mr Seewald asked the court to consider the significant risk of Simoqa’s deportation when handing down the final judgment.

The court was further told Simoqa had a daughter with his former partner, and his deportation would mean he would not have an opportunity to raise her.

A violent man sentenced

Judge Deborah Richards was stern while handing down her judgment.

“You’ve continued to offend against (the complainant) even though there were domestic violence protection orders in place and even when you were subject to bail, suspended sentences, probation and parole,” Judge Richards said.

“To be honest it’s no way to treat the mother of your child, if you love your child at all.

“Domestic violence is very prevalent in our community and therefore sentences of imprisonment are almost inevitable where choking and strangulation is involved.”

Judge Richards took into consideration Simoqa’s early plea of guilty, young age, his time spent in pre-sentence custody and his significant risk of deportation.

“You’ve been on suspended sentences and not complied with them so there’s no question (a parole eligibility date) should be imposed today,” Judge Richards said.

“At the end of the day this must have been a terrifying experience for the complainant and it occurred in the light of very persistent offending by you against her.

“A significant term of imprisonment is the only appropriate sentence in this case.”

Simoqa was sentenced to four and a half years imprisonment with a parole eligibility date of August 2, 2024.

A five-year extension was also granted on the current domestic violence protection order against him. Convictions were recorded.