BY assaulting an intellectually disabled man in his care, Padriac Thomas Moore was guilty of a serious breach of trust, a Toowoomba District Court judge said yesterday.
Moore, 39, had been employed to care for the man at the complainant’s home in Toowoomba for about six months in 2008, the court heard.
The man had serious intellectual deficiencies including having trouble controlling his bowel movements.
On the night of April 27, 2008, after the man had defecated himself, Moore had lost his composure.
Sensing Moore was angry with him, the man punched and kicked out at Moore and the pair struggled until the complainant man fell to the floor.
Crown prosecutor Sam Bain said while the man was on the floor, Moore had rubbed his face into the carpet causing abrasions and bruising to various parts of his face.
Moore pleaded guilty to assault occasioning bodily harm.
Mr Bain said the complainant man was known to lash out at others on occasion, but those caring for him were aware of that and the force used by Moore was not merely to restrain the man.
Judge Marshall Irwin told Moore he accepted that the man was difficult to care for and known to be violent on occasions and, by the facts put before the court, the struggle was instigated by the complainant himself.
However carers such as Moore, charged with caring for the most vulnerable of the community, were expected to show patience and restraint.
While the incident was not an act of gratuitous violence, Moore had responded with excessive force, Judge Irwin said.
Moore’s barrister Robbie Davies said his client had received some punishment already having lost his carer’s job as a result and another position with a mental health rehabilitation service in Toowoomba.
His client had since moved to Brisbane where he was working with the Salvation Army, he said.
Judge Irwin sentenced Moore to 12 months imprisonment, but ordered the term be suspended immediately, the term to hang over his head for two years.