Man kicked partner so hard her head broke through wall
AN INTELLECTUALLY impaired man who kicked his partner in the head so hard it made a hole in the wall, before stabbing her in the stomach on the street, has been released on parole after spending more than two years in prison waiting to be sentenced.
The man, who cannot be named so as to not identify the victim, pleaded guilty at the Ipswich District Court to assault occasioning bodily harm, and wounding with the intent to cause grievous bodily harm.
The court heard on November 6, 2011, the man had drunk a number of casks of wine, and taken speed with his partner at their Goodna home.
The two got into a fight and the man accused the woman of being "a slut". He started punching and kicking her, causing her to huddle in the corner of their bedroom for protection.
There he kicked her so hard her head broke through the wall.
Some time later that night he left the house but was chased up the street by his partner who thought he had taken her mobile phone SIM card. He denied it and during the subsequent argument lunged at her and stabbed her in the stomach.
The man was arrested by police in the early hours of the next day. He spent more than two years since in pre-sentence custody in the confines of the Arthur Gorrie Correctional Centre.
The court heard the man suffered from severe intellectual impairments, with a psychological report stating 99.7% of the population had a greater intellectual capacity than him.
Judge Greg Koppenol said while his immediate reaction was that the crime deserved a jail sentence close to 10 years, he was bound by a number of verdicts in the Court of Appeal that had seen similar cases given far lesser sentences.
"One would think that a sentence in the order of at least 10 years' imprisonment would be appropriate," he said.
"However, I am constrained by a number of Court of Appeal authorities to impose a penalty much lower than that."
The man was sentenced to five years prison, with 767 days of pre-sentenced custody declared time already served. He was released immediately on parole.