‘Choker’ avoids jail time

He pressed his hand against her windpipe and she couldn’t breath

A TOOWOOMBA teenager who strangled his partner during a domestic argument has narrowly avoided having to spend actual time in jail.

The then 18-year-old and the 19-year-old woman, who are not named due to domestic violence orders, started a relationship in April/May last year, Toowoomba District Court heard.

However, the relationship was described as “toxic” and the pair had squabbled.

On the morning of August 1, last year, both had been in the bedroom when a minor verbal argument arose, Crown prosecutor Matt Le Grand said.

After he told her to shut up, she had gone to leave the room but the man became apologetic and started hitting himself in the head.

When she then went to brush past him, he had grabbed her by the throat and the pair had fallen onto the bed with him on top of her.

He had then pressed his hand on her windpipe to the point she could not breath, was feeling a throbbing in her head and thought she was going to die, Mr Le Grand said.

She tried to call triple-0 on her mobile phone but was unsuccessful but she had shown the phone to her partner who then stopped the assault and she had left.

The man had gone straight to the Toowoomba Hospital for a mental health assessment but was not admitted, the court heard.

He pleaded guilty to a charge of strangulation in a domestic setting.

His barrister David Jones said his client had no previous criminal history at all and in six references tended to the court people spoke well of him.

His client had a number of mental health conditions including depression and anxiety and aspersers syndrome, he said.

Both parties had been using drugs at the time and though he realised the relationship was toxic he couldn’t seem to let go, Mr Jones said.

However, his client was now in a new relationship and would be a good candidate for the strict supervision of parole, he said.

Judge Paul Smith agreed and placed the man on 18 months probation but ordered he be released on parole immediately and ordered he pay $1500 compensation for the victim.

peter.hardwick@thechronicle.com.au