Rhys Mark Evans assaulted his then de facto partner on October 23, 2018. Picture: File/ Getty images.
Rhys Mark Evans assaulted his then de facto partner on October 23, 2018. Picture: File/ Getty images.

Man fined for violent headbutt on former partner

A Coast man yelled at his former partner to shut up before headbutting her in an attack that was reported to police two years later.

Rhys Mark Evans assaulted his then de facto partner on October 23, 2018, during a conversation about their relationship problems.

Police prosecutor James Allen said the assault caused "immediate excruciating pain" to the victim.

"Both the defendant and the victim moved into the hallway then the defendant has yelled 'shut up' to the victim, he said.

"The defendant has then without further warning headbutted the victim, striking her on the bridge of her nose breaking her glasses."

He told the court the victim took a photo of her injuries on October 24, 2018 and saw a doctor.

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Mr Allen said the matter wasn't reported to police until October 21 last year.

"It is a serious assault, but what sets it apart from other matters is the delay in reporting, the fact that he has not had any criminal charges before and has not had any further offences from October 2018," he said.

"It's not a case that supervision would be required for this offending … but in my submission a headbutt to the nose is a very significant assault."

Given Evans' lack of criminal history, Mr Allen suggested a six to nine month suspended sentence was appropriate.

Evans pleaded guilty in Maroochydore Magistrates Court on Monday to assault occasioning bodily harm - a domestic violence offence.

Defence lawyer Cherisse Breese told the court the Bli Bli resident had ended the "toxic" relationship in June last year.

"He does remember the offence back in 2018, he agrees with the facts as stated, he instructs he immediately felt remorse and removed himself from the situation," she said.

"The next day we're instructed our client paid for the victim to have her eyes tested and obtain new glasses."

She said Evans had no history and had not reoffended since.

She said the offending was out of character.

"He has never previously had the police come for any domestic violence incidents, this was an isolated offence over two years ago," she said.

"Our client has rehabilitated himself to not engage in any further acts of domestic violence."

She suggested a fine and no conviction recorded as an appropriate sentence.

Magistrate Rod Madsen said his sentence had to reflect the seriousness of the assault and the victim's injuries.

"The photograph does show she sustained some bruising to her nose, he said.

"Given the potential for headbutts to be quite forceful and damaging … fortunately for you there is no more serious consequences.

"That's not good management, that's dumb luck, so you're very lucky."

He fined the 27 year old $1500 and recorded a conviction.

"Your response was completely disproportionate to what was going on at the time, you obviously completely lost it," he said.

Given Evans' age and future plans, Mr Madsen said he didn't believe a conviction would have an unfair impact.