MOVING ON: Joseph Nicholls admitted to assaulting the father of his former partner. (Inset) his brother Nathan was also charged.
MOVING ON: Joseph Nicholls admitted to assaulting the father of his former partner. (Inset) his brother Nathan was also charged. Ross Irby

Brothers attack dad after break-up

DISTRESSED after his de-facto ended their marriage, a young man focused his anger on the woman's father when he returned to their house to collect his property.

An Ipswich court this week heard Joseph Nicholls hadn't fully come to terms with the break-up of his relationship with the complainant's daughter.

The incident escalated further when Nicholls' brother Nathan joined the assault on the 45-year-old man.

The matter took almost three years to be resolved in the legal system, but was finalised this week in Ipswich Magistrates Court when the brothers pleaded guilty.

 

Nathan Nicholls (maroon shirt) leaves Ipswich court on May 23, 2019.
Nathan Nicholls (maroon shirt) leaves Ipswich court on May 23, 2019. Ross Irby

Joseph Ethan Nicholls, 26, from Collingwood Park, and his brother Nathan James Nicholls, 27, from Bellbird Park, pleaded guilty to assault causing bodily harm at Collingwood Park on August 21, 2016.

Prosecutor Sergeant Chris O'Neill said Joseph was the primary offender in the assaults and it was accepted that he did not initially visit the house with the intention of assaulting his former partner's father.

However, it was an unprovoked assault.

Magistrate Tracy Mossop said Joseph appeared to have a different perception as to where the relationship was at the time.

Sgt O'Neill said Joseph was the primary aggressor and delivered punches to the man and continued to attack when the victim was on the ground.

The court heard the man suffered bruising and swelling.

Ms Mossop said the photos of the injures showed clear trauma to both eyes.

Nathan's defence lawyer Nathan Edridge said there had been no more offending by Nathan, a personal trainer, since the matter.

He said Nathan became involved in the attack only once the victim was on the ground.

"It was a misguided attempt to assist his brother," Mr Edridge said.

The incident took place after Joseph went to the home of his parents and Nathan saying he needed to move in.

Nathan then drove him back to his former residence to collect belongings.

Joseph's defence lawyer Bill Leather said he had one child from the relationship with the man's daughter.

He was aged 23 at the time of the assaults, and his reaction to the relationship breakdown had been that of an immature man.

"She had moved on, and he hadn't," Mr Leather said. "Given the level of his maturity, my client was indeed suffering at the time which explains part of his reaction when he returned to the house to collect his belongings and found (the father-in-law) there."

"The altercation is between them, not Nathan."

Ms Mossop said Joseph punched the man three or four times to his head, pushed him on the chest and both fell to the ground, before "Nathan unwisely intervened".

The man was punched in the head then, when he grabbed Nathan's leg, Nathan had kicked him in the head. Joseph then gave him more punches to his torso while he was on the ground.

"You both need to consider your behaviour very seriously," Ms Mossop warned.

The brothers were sentenced to six months' jail, immediately suspended for 12 months.



Gun toting crim in prison after six-week police chase

premium_icon Gun toting crim in prison after six-week police chase

Special response officers were called in to arrest the man.

Rapist's odd excuse for attack on vulnerable sleeping woman

premium_icon Rapist's odd excuse for attack on vulnerable sleeping woman

Rapist Clayton Noel Miller had some interesting excuses for attack

You made cheddar cheese out of what now?

premium_icon You made cheddar cheese out of what now?

It took roughly a year to perfect the recipe