‘Go back inside or I’ll throw you off balcony’


A GOLD Coast rigger and scaffolder choked, suffocated and punched his partner in the face about 20 times because she defied his order not to contact a friend.

The Southport District Court was told distressing details of the attack on May 1 last year which left the woman with a bruised face, torso, arms and thighs for days after the beating.

Carl John Shmylo, 35, yesterday pleaded guilty to choking, suffocation and 10 other charges.

He was released from prison after spending only 11-and-a-half months in pre-sentence custody.

Judge Katherine McGinness sentenced him to three years' prison with immediate release on parole. The maximum penalty for choking is seven years in jail.

"You snapped on this occasion," she said.

Carl John Shmylo. Picture: Jason O’Brien
Carl John Shmylo. Picture: Jason O’Brien

When Judge McGinness ruled Shmylo would be released, he replied: "Thank you, Your Honour".

The court was told the attack started when Shmylo found the woman on the phone to a friend he had forbidden her from contacting.

He snatched her mobile phone, hit her with a lanyard and punched her in the face.

Shmylo then threw a glass of water at her, threw her on the bed and punched her in the face about 20 times.

He choked the woman, cutting off her breathing, and suffocated her by covering her mouth and nose with his hand.

Carl Shmylo leaves Southport Watch house. Photograph: Jason O'Brien
Carl Shmylo leaves Southport Watch house. Photograph: Jason O'Brien

When the woman refused a drink of water, Shmylo tried to smash her face into the tap in the bathroom.

The pair had a cigarette on the balcony of the unit during a break in the attack and Shmylo told her: "You better go back inside otherwise I will throw you off the balcony."

When the woman tried to escape to a toilet, he pulled on the door until it came off its hinges.

Following his attack, Shmylo became affectionate with the woman and asked her for sex. When she said no he attacked again before leaving.

The woman went to police three days later and showed police bruising to her right eye, arms, breast, thighs and abdominal area.

Police were unable to locate Shmylo until June 20 last year and he was remanded in custody until yesterday.

Shmylo's barrister Marcin Lazinski described the attack as "vicious, quite protracted and brutal".

He said the attack was after the pair had spent four days together in the woman's Gold Coast unit drinking and taking other drugs and he did not remember much of the attack.

"He wishes he could turn back time and he is genuinely sorry, for what that is worth," he said.

Mr Lazinski said Shmylo had no intention of contacting the woman.