Local jailed for pub brawl
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.