A WOMAN was on her "last breath" before her former partner finally let go of her neck and proceeded to smother her with a pillow and stomp on her face, a court heard.

After spending 479 days in pre-sentence custody, a South Burnett man was released from custody after pleading guilty to eight charges before the Kingaroy District Court.

The South Burnett Times cannot name the offender to protect the identity of the victim.

The charges include contravening a domestic violence order, two counts of choking, two counts of assault occasioning bodily harm, suffocation in a domestic setting, assault occasioning bodily harm while armed, and a common assault.

Prosecutor Alex Stark, appearing on behalf of the Crown, said the complainant is a woman who had been in an "on and off relationship" with the defendant. There was a temporary protection order in place.

Police were called to the defendants unit on Sunday August 4, 2019 in relation to a domestic disturbance. Upon entering the dwelling, officers lifted a cloth off a table and found the complainant "curled up in a ball" under the table and "shaking".

"She was crying and out of breath. Police observed injuries to her head, her clothing was dishevelled, and there were blood stains on the pillow and bed," Mr Stark said.

The court heard on the night of the attack, the complainant had been with friends, when she was asked to come to the defendant's home to collect some mail. Arriving at about 8.30pm, Mr Stark said the defendant produced "a large rock of crystalline methamphetamine on a spoon" and asked the complainant to prepare it for him, which she refused.

"He pushed her onto the mattress on the ground, jumped on top of her and used both his hands to choke around her neck," Mr Stark said.

"The complainant was unable to breathe, describing her airways as completely blocked by his hands, and said as he released his grip she felt she was on her last breath."

The defendant then punched her in the face, resulting in swelling to her nose and left eye, as well as blood in the back of her throat. He then picked up a pillow and held it over her face, before producing a needle.

"He jabbed it toward her face. She raised her arm to protect herself and it went into her arm," Mr Stark said.

"He then used both his hands to hold her neck so tight that she almost passed out. She closed her eyes and that's when he let her go."

At this point the complainant's friend, who had been waiting outside, knocked on the bedroom door. Mr Stark said the defendant went to her and said "When I kill her, you're next".

"He returned to the room while wearing sneakers, stomped on her face twice with force. The stomping left a red indentation on her left cheek."

"Normally when police take shoe prints, it's not usually from peoples faces, but in this case they were able to match the indentation with the defendants sneakers."

He then kicked her hard between her shoulder blades, causing her to become winded, Mr Stark told the court.

The defendant told police the complainant already had those injuries when she arrived at his property.

Catherine Cuthbert appeared on behalf of the defendant instructed by the Aboriginal and Torres Strait Islander legal service.

"(The defendant) is deeply ashamed of this offending and knows that upon release he'll have to work hard to regain the trust of the women in his family, and the trust of the community," Ms Cuthbert said.

"Certain features of the offences against the complainant have that quality of someone who is under the influence of methamphetamine, and not able to pull back or control their actions."

"He has been doing what he can in custody, knowing he cannot go back to methylamphetamine."

Judge Geraldine Dann said she accepts the defendant is ashamed of his actions and accepted the submission to sentence him to three years imprisonment and released on parole immediately, November 26.

The 479 days the defendant spent behind bars, between Aug 5 and Nov 25, was declared as time already served under the sentence.

Convictions were recorded.

South Burnett

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