Lo­cal jailed for pub brawl

Port Douglas & Mossman Gazette - - FRONT PAGE - Caitlin Guil­foyle

TAK­ING a glass to a fist fight has landed a Port Dou­glas fa­ther in jail af­ter a two-day trial in Cairns Dis­trict Court.

Port Dou­glas butcher Car­los Saul Hicks, 22, was sen­tenced to 18 months im­pris­on­ment on Tues­day af­ter a jury found him guilty of un­law­ful wound­ing for glass­ing a man at a Port Dou­glas nightspot in March this year.

He will be el­i­gi­ble for pa­role af­ter he has served six months.

The court heard Hicks was drink­ing at Paddy’s Ir­ish Pub and Grill on the evening of March 9 when an ar­gu­ment broke out, which was said to be ex­ac­er­bated when the other man made deroga­tory com­ments about tat­toos to­ward Hicks.

It was re­vealed there was phys­i­cal push­ing be­tween the men be­fore Hicks struck the vic­tim with a glass in his hand.

The in­jured man re­ceived an eight cen­time­tre lac­er­a­tion to the left side of his neck, which re­quired nine stitches, and a two cen­time­tre lac­er­a­tion be­low his left ear.

Hicks’ de­fence bar­ris­ter Kevin McCre­anor sug­gested to the jury that Hicks was en­ti­tled to de­fend him­self, be­fore they re­tired to reach their verdict.

‘‘If some­one has a go at you, you’re en­ti­tled to de­fend your­self,’’ Mr McCre­anor said.

‘‘It was meant to be a punch, he wasn’t think­ing, I’ve got a glass in my hand.’’

But Crown prose­cu­tor Nigel Rees said Hicks had ‘‘acted de­lib­er­ately’’ when he ap­proached the man af­ter the ear­lier con­fronta­tion had cooled down.

‘‘The ac­cused ad­mits he could have walked away ...and that his ac­tion was vol­un­tary,’’ he said to the jury.

‘‘He has taken a glass to a fist fight.’’

When he handed down the sen­tence, Judge An­thony Rafter S.C said Hicks’ be­hav­iour could have been linked to al­co­hol con­sump­tion.

‘‘You be­haved ag­gres­sively, per­haps due to the af­fect of al­co­hol,’’ he said.

‘‘ The com­plainant has suf­fered emo­tion­ally and fi­nan­cially.’’

Judge Rafter S.C said he set Hicks’ pa­role el­i­gi­bil­ity date at less than half of the head sen­tence be­cause he had re­gard to a num­ber of fac­tors in­clud­ing Hicks’ age and lack of crim­i­nal his­tory.

A con­vic­tion was recorded.

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