Naked couple set upon in home invasion
WHAT started as a drink between new mates ended in a home invasion that left a man naked and beaten, a court heard.
Jake Fitzpatrick, 25, yesterday appeared in Cairns Magistrates Court over the matter.
The court heard he and a co-accused man shared a bottle of vodka before making their way to a Manoora unit complex the night of March 16.
The court heard the co-accused knew his victim's girlfriend and had a bone to pick with the complainant man.
Things went awry as soon as Fitzpatrick knocked on the apartment door.
"If the co-offender had knocked it was unlikely to be opened," Magistrate Kevin Priestly said.
Fitzpatrick was left behind at the door as the second man burst in and attacked his quarry - still naked in bed.
"He knew the co-accused had some animosity to the victim," Mr Priestly said.
"The co-accused burst in and immediately began to assault the victim.
"Presumably he (Fitzpatrick) knew there was a previous relationship between the co-accused and the victim's girlfriend."
The woman stood wrapped in a towel as the co-accused punched and kicked the man before chasing him outside.
"The co-offender threw him to the ground against the pool fence," Mr Priestly said.
"He ran and was pursued - the victim fell over and the co-offender punched him multiple times."
The court heard Fitzpatrick did not break up the assault.
"You did nothing to either distance yourself from what was happening and did nothing to stop what was happening," Mr Priestly said.
Fitzpatrick pleaded guilty to assault occasioning bodily harm at night in company and entering a dwelling with intent at night in company.
The court heard the defendant had only met the co-accused one month earlier and was not aware of his violent plans.
Mr Priestly said the offence lay at the low end of home invasions.
"There was no pre-planning or common intention," he said.
He sentenced Fitzpatrick to 12 months in jail to be suspended wholly for 18 months.