Gympie man punches partner, causes crash with child in back
A GYMPIE man who violently punched his partner in the face when she was driving and causing her and her child to crash has walked free from court with a two-year suspended jail sentence.
Jordyn Edward Montgomery, 24, was sentenced in Gympie Magistrates Court this week for what Magistrate Chris Callaghan called a "violent and nasty" crime.
The court heard the assault occurred after Montgomery called his partner on October 25 and asked to be picked up.
An argument between the pair erupted in the car not long after, during which Montgomery lashed out and punched her in the face with his left hand.
She then turned the car around to take him home, and he punched her two more times.
His partner then tried to restrain him and in doing so crashed the car - with her child in the back seat - into a gutter, popping a rear tyre.
They got out to fix it, and it was then Montgomery took the tyre iron and began smashing the car's windscreen.
"That's just outrageous behaviour to subject a child to that," Mr Callaghan said.
"You punched her in the middle of the face... she turned around to take you home, and you punched her in the face again two times."
Solicitor Greg Wildie told the court Montgomery, who pleaded guilty to four charges including assault occasioning bodily harm, wilful damage, dangerous operation of a vehicle and breaching bail, has a "very long history of psychiatric issues".
These included a bipolar diagnoses, as well suffering from a panic disorder with anxiety.
He also had a history of drug and alcohol problems, Mr Wildie said, and was now working to get the help he needed.
The court heard Montgomer had been in "sporadic" contact with professional treatment at the time of his crime.
"He has long-term problems that need long-term support," Mr Wildie said.
"He's not saying any of this excuses what's happened.
"It's just the facts of life he has to deal with."
Mr Callaghan agreed Montgomery's mental health contributed to his legal troubles and the sentence should be structured to ensure he could get hep, but it told him it "doesn't absolve you". "It isn't an excuse".
Along with handing him the suspended sentence, Mr Callaghan stripped Montgomery of his license for six months, gave him two years' probation and ordered him to pay $8360.30 in restitution for the damage to his ex-partner's car.