The court heard the victim was in that much pain he thought he was going to pass out.
The court heard the victim was in that much pain he thought he was going to pass out.

‘I am going to kill you’: Terrifying assault on stranger

THE victim of a random assault thought he was going to pass out from the pain, before being choked by his attacker and told, "I am going to kill you".

Dwayne John Roberts pleaded guilty in Rockhampton Magistrates Court on September 11 to two counts of wilful damage, and one count each of assault occasioning bodily harm, drink driving and driving without a licence.

Police prosecutor Acting Sergeant Ellysha Geddes said  Roberts was sitting in the smoking area at Railway Hotel in Yeppoon on December 22, 2019, when suddenly, he walked up to a glass window and punched it, causing it to break and shower over patrons sitting inside.

Sgt Geddes said one patron received a small cut to his arm and was allegedly punched in the face by Roberts.

She said Roberts told police he had gotten upset.

The court heard the remainder of the offending took place on April 5 and involved a 61-year-old male victim, who was not known to Roberts.

Sgt Geddes said the victim was in his front yard seeing off a friend and fixing his gates when he heard a car rev down Park St, Emu Park, before travelling towards the victim's address on Fountain St, mounting the gutter and running into the gate, causing it to be dislodged from the ground.

She said the victim was struck by the vehicle, causing pain to his left leg, and the victim's dog was lodged under vehicle.

The dog was able to free itself and run away.

Sgt Geddes said the victim went to speak with Roberts to find out who he was and what was going on, as he had never met him before.

She said Roberts became aggressive and punched the victim numerous times to the face, head and anywhere he could while the victim was on the ground.

Sgt Geddes said the victim attempted to get away, but Roberts kicked him in the jaw twice.

The court heard the victim was in that much pain he thought he was going to pass out.

Sgt Geddes said Roberts grabbed the victim around the throat with both hands, squeezed down on his Adam's apple and said, "I am going to kill you".

She said two men arrived at the address and Roberts left with one of the men. The victim had shortness of breath and could see blood dripping from his face.

Sgt Geddes said police found Roberts in a street nearby and saw he was highly intoxicated.

She said Roberts recorded a blood-alcohol content reading of .135 and checks revealed his learner's licence had expired in 2007.

Sgt Geddes said it was a completely random attack at night and the victim had suffered mainly dental issues as a result of the assault.

"There is no reason for why this has occurred to the victim," she said.

Roberts' lawyer Brandon Selic said the offending was out of character for his client.

Mr Selic said the issues had arisen from "baseless" gossip and rumours in Yeppoon.

"They have provoked my client to lash out in this way, in an unacceptable manner," he said.

He said the victim was in the wrong place at the wrong time.

"It was a case of mistaken identity," he said.

"It doesn't excuse the behaviour, but it does explain what would otherwise be a random attack."

Roberts was sentenced to six months' imprisonment with a parole release date of October 11, 2020.

He was ordered to pay $4194.75 restitution, fined $1550 and disqualified from driving for seven months. Both criminal and traffic convictions were recorded.


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