Aaron Sutton leaves court.
Aaron Sutton leaves court. Ross Irby

Brothers bash, rob pokies winner in hotel room

A TRADIE'S jaw was broken and his $2000 pokies win stolen after he apparently put the hard word on two brothers.

The 51-year-old was staying at a Lowood hotel when he met Aaron Sutton and Garrett Sutton in a bar.

In Crown facts before the District Court at Ipswich, the man drank and chatted with the brothers and then invited them back to his hotel room for more drinks.

The man was then attacked, knocked unconscious and robbed.

Aaron Ashley Sutton, 35, from Tarampa, and Garrett Ashley Pat Sutton, 21, from Toowoomba, pleaded guilty to assault causing bodily harm in company to a man named Neil at Lowood on July 5; and stealing $2000 cash.

Crown prosecutor Evan O'Hanlon-Rose said the incident took place at the Club Hotel in Lowood where the man was staying.

"They were previously unknown and he met them while drinking in the smoking area," Mr O'Hanlon-Rose said.

"He (Neil) played the pokies and won $2000. He had $2000 cash winnings and invited them both back to his room to drink.

"Aaron Sutton believed he was making a sexual advance and became angry.

"He made a similar advance on Garrett who punched him multiple times to his face and ribs.

"Aaron joined in and punched him once to his face.

"He lost consciousness."

Mr O'Hanlon-Rose said the brothers took $2000 cash from their victim's wallet and split it up.

The man woke up in significant pain. Medical treatment revealed he suffered a broken jaw and surgical rewiring of his jaw was done.

There was swelling and bruising to his face and lip.

Both men's DNA was found on a glass and cigarette in the hotel room.

The man identified Aaron from a police photo board.

Mr O'Hanlon-Rose said Garrett Sutton went to Toowoomba Police Station the following day.

He asked officers if there was an arrest warrant for him because he had bashed someone and stolen their money. He handed over a bag with $1000 cash in it.

Mr O'Hanlon-Rose said it was a serious offence as the man was assaulted by multiple blows.

The Crown case was that the men did not go into the room with the intention of attacking their victim because of sexual preferences.

Defence barrister Geoffrey Seaholme said Aaron Sutton was depressed at the time of the incident and consuming considerable amounts of alcohol.

"There was no premeditation. Was just one blow by him," Mr Seaholme said.

"There is no suggestion it was a hate crime against homosexual people.

"He saw it as being a sexual advance made on him."

Defence barrister Stephen Kissick said Garrett Sutton had been abstaining from drinking alcohol but went out that night to celebrate the completion of his court parole (for previous offences).

"In essence he drank too much. Met this man, went to his room," Mr Kissick said.

"It was not a hate crime. He felt violated. It was not gratuitous violence.

"It was an act of youthful misjudgement. He overreacted."

Mr Kissick said the true character of Garrett was shown by his going to police the next day.

"He went to Toowoomba police. Explained there had been some quite modest touching and an offer of a sexual drug," he said.

Judge Alexander Horneman-Wren SC found it to be a vicious assault on an innocent man but the assault and the stealing had not been pre-mediated.

Judge Horneman-Wren sentenced Aaron Sutton to 12 months jail, immediately suspended for 18 months. And nine months jail for the stealing, suspended for 18 months.

With his youth and the fact that he went to police taken into account, Garrett Sutton was sentenced to six months jail suspended for two years and 12 months of supervised probation for the stealing.

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