Woman bashed, strangled over mobile phone argument
A WOMAN has told a Townsville court how her former partner choked and strangled her to the point "of her last breath" because she wanted him to give her mobile phone back.
David James Brackin was jailed after pleading guilty to choking in a domestic setting, assault occasioning bodily harm and several other offences when he faced Townsville District Court yesterday.
Theresa Thimble told the court how Brackin violently attacked her on the morning of September 17, 2018, after the pair got in a heated argument.
She said she had given Brackin her mobile phone in the early hours of the morning before going to sleep and waking to find the 26-year-old still using the phone.
"I asked for my phone back; he wouldn't give it so I snatched it out of hands and walked inside," Ms Thimble said. "He pushed me down, I fell on my belly. He started choking me, trying to get the phone off me … he jumped on me, punched me."
Ms Thimble said she bit Brackin in an attempt to get him off her.
"I was on the ground and just with the last little breath I had, I bit him because I had to find some way to do something," she said.
Defence barrister Michael Hibble suggested Ms Thimble threw the first punches during cross examination but she denied the allegation. Mr Hibble said Brackin had a significant addiction to methamphetamine.
He said Brackin had not wasted his more than 250 days in presentence custody, working in the prison laundry and completing several qualifications. Brackin also pleaded guilty to an assault charge relating to an incident on Christmas Day 2018 when he threw a cup of liquid at a corrections officer's face. Judge William Everson took into account the serious nature of the domestic violence offending and the fact Brackin had showed no "particular co-operation with police", when determining a significant prison sentence was the only appropriate option.
Brackin was sentenced to a total of two years and nine months' jail. With time already served he will be eligible for parole on August 17, 2019.