Albany man set to become Great Southern’s first offender convicted under WA’s new non-fatal strangulation laws

A 35-year-old Albany man is set to be the first person in the Great Southern convicted under WA’s tough new “non-fatal strangulation” laws. Thomas William Russell appeared in Albany Magistrate’s Court last Friday after pleading guilty to throttling his partner in a car on their way home from a trip to Perth. Strangulation or suffocation became a specific offence in WA’s Criminal Code on October 1, with a maximum penalty of seven years imprisonment if the offender and victim are in a family relationship. Police prosecutor Sergeant Peter Yuswack told the court the accused and his victim were in a car on Albany Highway near Williams about 7.30am on December 10, when an argument escalated. They were arguing about perceived jealousy involving the victim and her ex-partner, Sgt Yuswack said. “The accused has started to drive erratically and the victim has asked him to slow down and pull over,” he said. “The victim has opened the passenger door and tried to exit the vehicle. The accused took hold of her arm and pulled her back in, “He put both hands around her neck, squeezing with significant force that impeded her breathing.” After letting go, Russell kept driving despite the victim’s pleading for him to stop. When he stopped a short time later, the victim tried to escape the vehicle, but Russell again grabbed her neck and squeezed, Sgt Yuswack told the court. The 40-year-old victim managed to break free then ran to a nearby house looking for help. The next day, Russell attended Albany Police Station where he admitted to putting his arms around the victim but said he did it to “prevent her from falling out of the vehicle”, Sgt Yuswack said. Russell was released on protective bail conditions which forbid him from contacting or approaching the victim. On December 12, he breached his bail conditions by sending multiple text messages to the woman in the early hours. Defence counsel Wendy Stewart said her client was under the influence of methamphetamine at the time of the breach. Ms Stewart said Russell accepted the facts and took responsibility for his actions, but denied any intention to cause harm. “There is no excuse for breaching bail, his behaviour is out of character. Illicit substances have played a part in his offending,” she said. Sgt Yuswack said police were seeking an immediate prison term. The matter was adjourned until January 7 to give the prosecution more time to get details on the victim’s possible internal injuries. Russell will remain in custody.