ASSAULT CHARGE: A 38-year-old male faced Kingaroy Magistrates Court on Monday February 4 for one charge of common assault to his former stepson. Photo: Contributed
ASSAULT CHARGE: A 38-year-old male faced Kingaroy Magistrates Court on Monday February 4 for one charge of common assault to his former stepson. Photo: Contributed

Child hospitalised after stepfather takes a ‘big swing’

"I'LL show you what abuse is."

Those are words said by a man before he got into a brawl with his former stepson.

A 38-year-old Hervey Bay man pleaded guilty to one count of common assault at the Kingaroy Magistrates Court on Monday February 4.

Police prosecutor Lisa Manns said the dispute occurred after the victim made himself some food at home.

"On Saturday, October 12 the victim, along with his family and the defendant were at an address at Kingaroy," Sgt Manns said.

"At 3.30pm the victim has gone to the kitchen to make a sandwich after playing video games in his room and during this time the victim and the defendant have become involved in a heated argument.

"The victim has walked back into his room and continued to yell and argue with the defendant," she said.

"The defendant has followed him to his room and said words to the effect of 'I'll show you what abuse is' and has grabbed the victim.

"The victim has also grabbed the defendant and both have wrestled in the victim's bedroom before the defendant punched the victim in his left eye."

She said the defendant also threw a can of Pringle chips at the victim before his mother and younger brother entered the room, screaming at the defendant to get off him.

After the incident occurred, the police prosecutor said the defendant tried to reconcile with his former partner, the mother of the victim, but she had locked herself and her two boys in a bedroom as she waited for police to arrive.

The defendant was arrested at the house and the victim was transported to Kingaroy Hospital via Queensland Ambulance Service.

Ms Manns said police were able to obtain evidence of the incident via technology in the home.

"During the incident, the victim still had his video game on and it recorded an audio of the incident," she said.

"Police later listened to the audio and there was a lot of yelling and screaming by all persons involved."

Despite the recorded material, defence lawyer Jay Rose said her client sought out a brief of evidence because he did not agree with all of the facts presented by the prosecutor.

"He accepts there was some pushing and punching but he doesn't accept that he took a big swing," Ms Rose said.

"He has listened to the audio and doesn't accept some of the comments in the police material.

"His instructions were that the child is somewhat difficult to control, after he was given a five week suspension from school, which would be in my view for serious events.

"The victim is larger than the defendant and he said he was seeking to intervene and protect the mother, which was his partner at the time."

Ms Rose said her client had no previous assault history and had since moved to Hervey Bay.

In her sentencing, magistrate Louisa Pink said the defendant should have acted differently when dealing with children.

"He was a child, you are 38, so that's the number one thing," Ms Pink said.

"If it's a child, you do not respond by punching a child, you are an adult so you take the situation into control."

Ms Pink convicted and fined the defendant $1000.

No conviction was recorded.