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AAP
AAP
National
Laine Clark

Dad breaks man's jaw over noise complaint

A Brisbane man who broke a man's jaw after complaining about neighbours' noise has avoided jail. (AAP)

Armed with a tree branch, David Alec Stallwood confronted his neighbours before breaking a man's jaw after they responded to his noise complaint by cracking a whip.

Stallwood, 27, has been warned he is on his "last chance" after avoiding jail for punching a man so hard that he required metal plates and screws to realign his jaw in February 2021.

Stallwood had asked his neighbours in Brisbane's east to turn down their music so his daughters - aged one and three - could go to sleep after 8pm on a Saturday night, the District Court heard.

Instead a man started cracking a stock whip as the music next door continued at the same volume.

An angry Stallwood responded by grabbing a tree branch and paying his Wynnum West neighbours a visit.

While "yelling and swearing", Stallwood damaged their front fence with the branch before threatening to "belt" the man holding the whip.

Ignoring pleas to leave, Stallwood walked up the neighbours' driveway with the branch before discarding it and squaring up with the man.

Stallwood punched the man, who was knocked to the ground and hit the back of his head, before grabbing the branch and running back to his house.

The man was taken to hospital with a broken jaw which required surgery to insert the metal plates and screws.

"It is probably not right to categorise it as provoked ... but there is an explanation," Stallwood's defence barrister said.

"He had young children in his home, there was a stock whip being used, there was an initial confrontation that escalated matters.

"(But) he knows that he should have simply called police with a noise complaint."

Stallwood had a criminal history that involved serious assault charges back in 2016, crown prosecutor Siobhan Harrison said.

Stallwood's offending was linked to his ADHD diagnosis and "terrible upbringing" in which he was subject to domestic violence and sexual abuse, his defence said.

Judge Vicki Loury believed there had been some "provocative behaviour" from the neighbours but said Stallwood took matters into his own hands.

"You need to develop some better skills to deal with your anger management issues," she told Stallwood.

He pleaded guilty to one count each of grievous bodily harm and wilful damage and was sentenced to 18 months in jail.

However, Judge Loury ordered Stallwood be immediately released on 18 months' parole.

"I will give you one last chance ... but you need to understand Mr Stallwood you are on the precipice," she said.

"You hit another person ever again you will go to jail.

"Not only will you destroy your own life but that of your children ... who will know that their father is a man who has been sent to jail."

Stallwood must also pay $5000 compensation.

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