18-month sentence with immediate parole for teenager who strangled girlfriend

A TEENAGER who pleaded guilty to strangling his 19-year-old girlfriend was sentenced to 18 months imprisonment with immediate parole, and ordered to pay $1500 compensation.

In sentencing remarks recently published online, the Toowoomba District Court on August 6 heard Taine Christopher Gilberd pleaded guilty to one count of strangulation in a domestic setting.

Summing up the case, Judge Paul Smith said Gilberd, who was 18 at the time, and the victim were in a “rocky relationship” for about four months prior to the incident.

On the morning of August 1, 2019, there was a “minor verbal argument” between Gilberd and the victim and he yelled at her to “shut the **** up”.

When the victim went to leave the room, Gilberd apologised and hit himself in the head with his hand, and then prevented her from leaving.

As the victim tried to move around Gilberd, he grabbed her by the throat and she fell to the bed, the court heard.

“You pressed your hand against her windpipe. She was not able to breathe. There was a throbbing pain in her head and she feared she would die,” Mr Smith said.

The court heard the victim was able to take her phone and dial triple-0, and while it did not connect, she was able to show Gilberd, who let go of her, and she left the house.

Mr Smith said at the time of his offending, Gilberd was struggling with the “dysfunctional nature” of the relationship, the use of cannabis, psychotic symptoms, drinking two to three bottles of beer most days, depression, anxiety, and his belief the victim was cheating on him.

“There was a marked decline in your mental health at the time of offending,” he said.

A number of references were tendered to the court, which all spoke very well of Gilberd, the court heard.

“All of them say that this offending is entirely out of character for you,” Mr Smith said.

Mr Smith said strangulation was “very serious” and was a “precursor to far more serious offending”.

“And the reality is that men are a lot stronger than women. If you have an argument, walk away. Do not touch them. That is the fact of it,” he said.

“Bearing in mind the plea of guilty, the mental health condition which reduces deterrence, the importance of rehabilitation, the absence of previous convictions, the fact it is one offence, the fact you have been out of trouble for 12 months, and the offer of compensation,” Mr Smith ordered Gilberd imprisoned for 18 months, with an immediate parole release date, and that he pay $1500 compensation to the District Court at Toowoomba within two months.

If you or someone you know has been affected by issues raised in this article there is help at hand:

1800RESPECT - 1800 737 732

This 24-hour national sexual assault, family and domestic violence counselling line for any Australian who has experienced, or is at risk of, family and domestic violence and/or sexual assault.

DVConnect - 1800 811 811

A service that helps Queenslanders find pathways to safety, away from domestic, family and sexual violence.