Woman pinned to floor by son and left 'seeing stars' in alcohol-fuelled assault, court hears

CONTENT WARNING: This story refers to family violence, substance misuse and self-harm.

A man who assaulted his mother while “blackout inebriated” in their shared home has been spared jail time.

The man, who Region has chosen not to name to avoid identifying his victim, faced the ACT Supreme Court on Friday (31 January).

Sentencing him, Justice Belinda Baker said that while she was satisfied his behaviour was driven by “intense emotional distress”, it would have resulted in “considerable fear and distress” for his victim.

The incident started as a verbal argument between mother and son on the evening of 25 September, 2023, while the man was drinking wine.

“The victim entered the offender’s bedroom and they began to argue about the offender’s alcohol consumption,” Justice Baker said.

This escalated into a physical altercation, whereby the man’s wine cask was cut open and the victim ran into the kitchen.

He followed her, pinned her to the floor, pushing down on her shoulders and chest for about 45 seconds.

“The victim had difficulty breathing, started seeing stars and felt as though she was going to die,” Justice Baker said.

She was ultimately able to kick the offender off her and call the police, who arrived shortly before 9:30 pm.

During the assault, she received a cut to her arm, while the man was found with cuts to his leg.

Sentencing him, Justice Baker said she accepted the man’s alcohol abuse drove his offending and that it was out of character.

Character references provided to the court described him as a “man of integrity, intelligence and compassion” and someone who had “never previously lashed out aggressively”. His only criminal history was a drink-driving offence several years ago.

At the time of the assault, the court heard the man was regularly drinking heavily and had consumed up to two litres of wine.

His upbringing was “marred by exposure” to alcohol use and family violence, which Justice Baker said reduced his moral culpability.

“The offender reported that his alcohol use became problematic when he was 24 [to] 25 years of age,” she said.

In the aftermath of his arrest, Justice Baker said the man had shown a commitment to his rehabilitation, enrolling in drug and alcohol counselling immediately after being released from custody.

She said he had also shown genuine remorse, writing in a letter to the court that “my actions were completely shameful and I cannot stop feeling and expressing guilt”.

On a charge of aggravated assault causing actual bodily harm, he was sentenced to 15 months’ imprisonment, which was suspended immediately. This was backdated to account for 12 days spent in custody before sentencing.

He was also given a good behaviour order, which will last until January 2027.

Following sentencing, Justice Baker told the man that while she was satisfied his “remorse was not just words”, the charge was serious.

“It had real effects on your mother, as you now know she thought that she was going to die,” she said.

“She was also very lucky that it didn’t end much more catastrophically than it did – but I’m satisfied that you recognise that.”

The man was also referred to a restorative justice program.

If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT on 02 6280 0900, Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call triple zero.