Man claims 'burly men with tatts' forced him into burglary

Simon Wilfred Tomarra, 35, from Slade Point faced Mackay Magistrates Court, pleading guilty to burglary and serious assault of a person aged over 60.
Simon Wilfred Tomarra, 35, from Slade Point faced Mackay Magistrates Court, pleading guilty to burglary and serious assault of a person aged over 60. Facebook

A SLADE Point man has told a court he only took part in a home invasion because two "burly men with tatts" - one wielding a hammer - rocked up at his house, forcing him to tag along.

Simon Wilfred Tomarra, 35, has confessed to burglary on April 27 in South Mackay and to seriously assaulting a person aged over 60 - his mother - on July 29 in Mackay.

Tomarra fronted Mackay Magistrates Court from the dock in custody on Thursday for sentencing, pleading guilty to both charges.

A woman sat in the front row of the court's public gallery in support of Tomarra, who was represented by defence solicitor Chris Colwill, on behalf of the Aboriginal and Torres Strait Islander Legal Service (ATSILS).

Mr Colwill told Magistrate Damien Dwyer that Tomarra was intoxicated on April 27 when two men arrived at his home and pressured him to attend another person's home.

The two men, who Tomarra had "never met before", then confronted the occupant and demanded money; ransacking the home for cash when that was not forthcoming.

Mr Colwill submitted Tomarra - described as "very sorry" - didn't actually enter the home during the "low-level home invasion", but stayed out the front and merely opened the door.

Tomarra has a history of burglary and break-and-enter offences.

Tomarra's attack on his mother, on July 29 - in which he hit and injured her hand with a broomstick - followed the funeral of a family member and occurred in the midst of a drinking session, which kicked off the previous day.

Mr Colwill said Tomarra, a dad of seven, had been waving a broom around as he tried to enter a door of a home and did not deliberately strike his mother.

There was some discussion in the court between Mr Colwill, Mr Dwyer and Prosecutor Anna Ellis about whether that incident actually constituted a serious assault.

Eventually, it was agreed the strike was foreseeable, due to the circumstances surrounding it on the day.

Mr Colwill added Tomarra had been rehabilitating and had recently been offered a solid job in construction.

He said Tomarra had quit drinking and was on the straight and narrow before troubles with an ex-partner drove him back to the bottle recently.

Mr Dwyer, considering submissions in the case, described Tomarra's history as working against him when it came to penalties.

The part-heard sentence was adjourned to December 13.

Topics:  burglary editors picks mackay mackay court mackay crime mackay magistrates court mackay police queensland police service serious assault slade point

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