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AAP
AAP
National
Rex Martinich

Friends spared jail over 'spontaneous' housemate attack

Graham David Warry (left) and Daniel Paul Jamet (right) have admitted assaulting a housemate. (Darren England/AAP PHOTOS)

Two men who attacked their housemate after he allegedly insulted one of their partners have been spared custodial sentences.

Graham David Warry, 53 and Daniel Paul Jamet, 34, pleaded guilty on Tuesday in Brisbane District Court to one count each of assault occasioning bodily harm while in company.

The court heard the pair were living in a share house in the inner-Brisbane suburb of New Farm on January 2, 2023 when Warry's fiancee claimed that their housemate had repeatedly insulted her over two months.

Graham David Warry (left) and Daniel Paul Jamet (right)
The prosecutor said Warry (left) was the primary offender with Jamet (right) helping in the assault. (Darren England/AAP PHOTOS)

The court heard Warry banged on the housemate's door but got no answer, and went to find Jamet and tell him about the allegations.

Crown prosecutor Joshua Francis said Warry was the primary offender with Jamet assisting him in the assault.

"Warry climbed through the window of (the victim's) room and punched him in the face ... Jamet pinned (the victim) against the wall with his elbow placed on his neck," Mr Francis said

Warry delivered another punch to the face but the housemate was able to escape after suffering a split lip and sprained ankle.

Mr Francis said Jamet saw the first punch land before helping Warry to inflict the second blow.

"They responded to an alleged insult to someone else by escalating to physical violence," Mr Francis said.

Warry's barrister, Gavin Webber, said his client was not a man of violence apart from an incident in 2013 in which he doused himself in petrol and threatened to set himself alight at the Department of Communities Centre in Toowoomba.

"When the insult to his fiancee was reported to him, he simply lost his patience, he lost his cool, he lost his temper," Mr Webber said.

Daniel Paul Jamet
Jamet became spontaneously involved in a situation with someone he was loyal to, the judge said. (Darren England/AAP PHOTOS)

Mr Webber said Warry was diagnosed with bipolar disorder in 2006 and usually followed his treatment plan carefully but he had not taken his medication in the five days before the assault.

"He regrets what he did, he understands it was wrong and he assures court it will not happen again," Mr Webber said.

Jamet's solicitor, Samuel Bain, said his client had made an impulsive decision to support Warry.

"(Jamet) had a difficult upbringing ... he lived an itinerant lifestyle until he received assistance from Mr Warry and refers to him as 'dad'," Mr Bain said.

Judge Michael Burnett said Warry dousing himself in petrol in 2013 could have hurt someone but accepted he was not a violent person and agreed both men had co-operated with police and the justice system in this case.

"Mr Jamet, you became spontaneously involved in an evolving situation with someone with whom you have great deal of loyalty," Judge Burnett said.

He sentenced both men to eight months' imprisonment but suspended Warry's sentence immediately for a period of 18 months.

Jamet was placed on parole with Judge Burnett telling him he needed the additional supervision to assist him to seek drug and mental health treatment.

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