Brent William Ibbotson and his mother, Leanne Otto.
Brent William Ibbotson and his mother, Leanne Otto. Facebook

Criminal family affair: Brutal attack ends in jail

TWO men will spend time behind bars after an assault over an excavator which left a man with metal plates in his face.

A jury found the pair guilty of grievous bodily harm in Gladstone District Court earlier this month, but they were sentenced yesterday in the Rockhampton District Court, supported by a gallery full of friends and family.

Brent William Ibbotson, 24, was the principal offender and actually struck the complainant.

His mother, Leanne Otto, and her father-in-law, Arthur Graham Otto, 79, were also charged with grievous bodily harm for aiding the crime through encouragement.

Mrs Otto pleaded guilty in Gladstone Court and was sentenced to 18 months' imprisonment, suspended immediately.

Their victim Robert Polley, 62, was in a civil dispute with the defendants' family at the time of the incident over the Otto's excavator, which he'd agreed to take ownership of after their earthmoving business failed.

Crown prosecutor Alexandra Baker told the court the trio, along Michael Ashman, went to Mr Polley's Calliope property on February 11, 2013, to steal the excavator back.

When Mr Polley tried to stop them, Ibbotson hit him to the left side of his face.

The injuries required Mr Polley to be treated in a Brisbane hospital and have titanium plates fitted.

During the trial, Mrs Otto gave evidence against her son and said she saw him hit Mr Polley, after he allegedly raised his fist at her in an attempt to punch her.

Mr Polley also gave evidence at the trial, but testified he didn't see who hit him, but he heard Mr Otto say something to the effect of "get him" as he was being assaulted.

Ibbotson's defence barrister, Maree Willey said due to contradictions in the evidence, it was possible her client hadn't hit Polley, it may have been his mother or Ashman who caused the injuries.

Judge Michael Burnett rejected this claim on the basis it had not been discussed during the trial.

Otto's deference barrister, Jordan Ahlstrand, told the court his elderly client suffered from various health issues and required 11 medications a day, meaning prison would be difficult for him.

The court heard neither man showed remorse for their actions or cooperated with police.

Judge Burnett sentenced Ibbotson to 18 months imprisonment to be suspended after nine months with an operational period of three years.

Otto received 18 months imprisonment to be suspended after five months with an operational period of three years.



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