The 28-year-old man has faced court after using a tree branch to bash his mother’s car before kicking her in the chest in the middle of the night. Picture: File
The 28-year-old man has faced court after using a tree branch to bash his mother’s car before kicking her in the chest in the middle of the night. Picture: File

Painter kicks mother in chest, bashes car after funeral

A VERY drunk Gympie region man went to his mother's house in the early hours of the morning and proceeded to bash her car in with a tree branch before kicking her in the chest, Gympie Magistrates Court heard this week.

The 28-year-old painter had just attended the funeral of a friend and had been out drinking before he breached his mother's domestic violence order against him.

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Police prosecutor Melissa Campbell said the protection order was issued on October 4, 2017 and would not expire until 2022.

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The court heard the intoxicated man arrived home at 2am on October 11, and his 54-year-old mother was woken by the noise.

"The defendant has broken a tree in the yard of the dwelling and used the tree to hit the victim's vehicle, causing minor damage to the vehicle," Sergeant Campbell said.

"The defendant has then located the victim's surfboard and thrown it some distance."

Sgt Campbell said the defendant then directed his aggressive behaviour towards his mother, physically kicking her in her left chest, causing a large bruise.

"The defendant has then gone inside the dwelling and thrown kitchen utensils on to the floor; he has taken himself off to his bedroom and gone to sleep," she said.

Once police attended, his mother said she no longer wanted police intervention and that the situation had subsided.

Sgt Campbell said police found the man in his bedroom asleep and it took several attempts to wake him.

"He was quite intoxicated, claimed nothing had occurred, he was arrested in relation to the matter," she said.

Pointing out how domestic violence between parents and children is rarely reported, Sgt Campbell said it was a "serious" offence that must be dealt with accordingly.

"It was made very clear to him when he appeared in court last time and then he's gone ahead and exhibited further violent behaviour towards the aggrieved," she said.

"I ask your honour to send a message to this defendant and also the community at large that it will not be accepted."

Solicitor Taylor said the man was unemployed and had two young children, aged one and two, that he co-parented during the day.

"His two-year-old daughter has an ongoing medical condition resulting from drinking oven cleaner, she received third degree burns to her oesophagus, her treatment involves going to hospital every two weeks," Ms Taylor said.

"He's moved to Brisbane to assist her with those appointments."

Ms Taylor said the defendant accepted the allegations but had no recollection of the incident due to being drunk.

"He accepts that kicking his mother is completely disgraceful and abhorrent," Ms Taylor said.

"He's not tried to minimise his conduct and in my submission his attendance to a psychologist after the incident demonstrates he has insight and genuine remorse."

The defendant's mother suffered minor injuries and her car was not badly damaged by the incident.

Ms Taylor said the defendant has since moved away from his mother and did not have contact with her anymore.

"He has immediately sought assistance from his GP and is now on a mental health plan," she said.

Magistrate Callaghan said the defendant's mother "obviously" loves him, as she tried to minimise his actions.

"Your excuse was that you were dealing with the death of a friend and had just been to the funeral, you were intoxicated - intoxication is no excuse," Mr Callaghan said.

"You've got to be responsible for what you put in your mouth."

Mr Callaghan sentenced the man to four months jail, suspended for 12 months.