‘Don’t you f***ing make any noise’

A CATERER who choked his long-term partner until she blacked out, leaving her battered and bruised, had lied to police and said they were "having rough sex", a court has been told.

Shaun John Calaby, 38, drew the curtains and locked the door during an argument with his partner before he attacked her, repeatedly cutting off her breath, the court heard.

Calaby faced Southport District Court yesterday, sobbing quietly throughout sentencing.

He pleaded guilty to deprivation of liberty, suffocation, choking and contravening a domestic violence order at an Elanora resort on June 3, 2018.

Prosecutor Isabelle Quinn said an argument broke out and the woman tried to calm Calaby, who was drunk.

She left the unit they were staying in "because she did not want the defendant to take his anger out on her".

When the woman returned, Calaby "closed all the curtains and doors" and told the woman she was not leaving.

He grabbed her around the body "and they began to struggle".

"(Calaby) said 'if you f--king go out that door you will lose the best thing you've ever had, don't you f--king make any noise," Ms Quinn said.

"(Calaby) threw her on to the bed and got on top of her. He pinned her down by her arm and put one of his hands across her mouth and nose. She could not breathe."

The woman fought back, "biting, kicking and scratching" Calaby and he took his hand away several times before continuing to cut off her breathing.

The pair fell and the woman "tried to crawl towards the door", but Calaby "grabbed her arms and legs to pull her back".

During the ruckus a resident called through the door, asking if everything was okay, and the woman tried to cry for help.

Calaby "tackled the woman on to the bed" and "pinned her down by sitting on top of her", before putting "one hand on her throat and pushing upwards towards her jaw".

"She could not breathe and she thought she was going to die. The (woman) blacked out for a moment," Ms Quinn said.

When the woman came to, Calaby was "hysterical and told her he loved her and he was sorry".

The woman bolted and a witness phoned police.

The court was told the woman was left with bruising on her neck, forehead and arms, and scratches on her chest.

Ms Quinn said Calaby had a history of drug offending, but no history of violence.

In defence, barrister Damien Gates said Calaby was "extremely remorseful".

Mr Gates said Calaby's father died a month before the offending and he self-medicated with alcohol.

Several character references were tendered and Mr Gates said Calaby had been a "well-respected" carer for other prisoners while on remand.

He also completed a substance abuse recovery course.

Judge Bernard Porter said Calaby choked the woman "in the context of forcing (her) to remain in the room and do what she was told".

He said it seemed Calaby had been "dealing with unresolved grief" and "coped with it in the worst possible way".

Judge Bernard said Calaby, who worked as a caterer, was of "a very low risk of reoffending".

Calaby, who had spent 416 days behind bars, was sentenced to two years jail, but released on immediate parole.



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