The case was heard in Mackay Magistrates Court on Wednesday.
The case was heard in Mackay Magistrates Court on Wednesday. Pexels

'Overwhelmed': Labourer attacks his partner

A LABOURER from Mackay slapped his partner in the face, grabbed her by the neck and repeatedly kicked the woman while she was down as she cried for him to stop.

Gregory Kenneth John Richardson has now been released from prison on a suspended sentence.

The 33-year-old's defence lawyer told Mackay Magistrates Court his client had been arguing with his partner and became "overwhelmed by the situation".

Richardson, who now lives in Rockhampton, fronted the court on Wednesday after spending 125 days behind bars before sentence.

He pleaded guilty to assault occasioning bodily harm, considered a domestic violence offence, while represented by barrister Scott McLennan.

Prosecutor Chelsea Pearson provided the agreed facts of the case to Magistrate Scott Luxton, and noted Richardson had been on parole at the time of the assault.

"(The victim) stated on March 14, 2018 she had been walking along the Bruce Highway, North Mackay with her partner ... ," she said.

"She stated that she had been walking in front of the defendant and looked back at him and observed that he had taken off his shirt and looked angry ... she told the defendant not to come towards her or she would call the police. She stated that the defendant then started running towards her and then the defendant slapped her in the right eye.

"She stated she then fell to the ground and the defendant then started to kick her left shoulder and she has yelled at him to stop. She said the defendant has kicked her shoulder several times.

"She then stated this caused her immediate pain and she was crying for the defendant to stop. She then stated she continued to walk along the street ... the defendant has grabbed her with closed hands around the base of her neck for around two seconds.

"She started crying and the defendant let her go. The defendant then started crying, saying: 'I'm not going back to jail. I don't want to hurt you'".

In his submissions, Mr McLennan described the relationship between Richardson and his victim as "a toxic one" and said a dispute about money escalated into violence.

Mr McLennan said Richardson, who was "ashamed of his behaviour", did desist of his own volition and showed immediate remorse, offering his victim an apology and a drink of water after the attack.

The barrister also tendered a letter to the court from Richardson's new partner, who vouched for him and said he had not been violent towards her.

Richardson, said to have chronic depression, had been assisted by Ozcare while in custody.

Mr Luxton described the offence as an "offence of cowardice" and stated the "courts reflect the law and the view of the community".

However, he did consider an early guilty plea, remorse and Richardson's lack of history, among other factors.

Mr Luxton described sentencing Richardson to more time in jail as "unjust" in the circumstances.

Richardson was sentenced to six months imprisonment, suspended immediately for 18 months considering time already served.