Woman's arm snapped during heated argument over mobile phone
A CANNONVALE man claims he was trying to protect his former girlfriend from herself when he snapped her arm during a fight.
But Paul Mathew Barr narrowly avoided going to jail for grievous bodily harm due to the "unusual circumstances" linked to the assault.
Mackay District Court heard the pair had been together for about five months and the relationship was "characterised by heated arguments".
Barr and the victim had been arguing for several hours on February 4 last year at a Cannonvale home when the situation escalated and she received a broken arm during a struggle.
The court heard that at one point the victim had filmed Barr during the fight.
Later that night, after he had tried to remove himself from the argument and was sleeping naked on the couch, he believed the victim had been filming him again - but she was only making an audio recording.
Barr attempted to twist her hand behind her back to get the phone and as a result caused the serious injury, the court heard.
Without surgery her arm would have been rendered useless due to the breaks. "He is enormously sorry for the injury he caused... it was not intentional," defence barrister Scott McLennan said, adding that his client offered $5000 compensation.
Mr McLennan said Barr also believed the woman had been on the cusp of self harm when he attempted to restrain her, based on prior situations during the relationship.
Mr McLennan said unlike other GBH cases there was no weapon and Barr did not punch the woman.
"Despite the many ways in which your case is different and exceptional... ultimately you must be sentenced for the injury that you caused," Judge Brian Devereaux said.
Judge Devereaux jailed Barr for two and a half years. The term was wholly suspended. Convictions were recorded and Barr was ordered to pay the $5000 compensation.