Jail doubt in attack case, says magistrate

A CAIRNS magistrate has told a court it is “debatable” whether a man who allegedly broke the jaw of a hospital security guard with a stick will serve any time behind bars.

Jyron Maynard Livingstone, 20, allegedly attacked the 50-year-old guard outside Yarrabah Hospital on November 10.

The alleged incident has had a significant impact on the medical facility which was shut for a night last week amid concerns over staff safety and security guard numbers tripled .

The guard had to undergo major jaw surgery and also had several teeth knocked out.

Mr Livingstone was granted bail during an appearance in the Cairns Magistrates Court yesterday on a charge of grievous bodily harm.

Police argued he remain in custody, citing “community unrest”, but his solicitor Steve Carter, from the Aboriginal and Torres Strait Legal Service, said his client had a minor criminal history and spent nine days in the community prior to his arrest with no issue.

He also said his risk of breaching bail was small and questioned whether a jail sentence was inevitable.

“There is no adverse risk to him living in Yarrabah on the basis of personal threat,” Mr Carter said.

“My client is terrified of going to jail and was begging me to apply for bail.”

Magistrate Robert Spencer agreed his criminal history was “relatively minor” and also said there was no guarantee of him serving time behind bars.

“Whether he receives an actual term of imprisonment is debatable,” he said.

Mr Livingstone was granted bail on the proviso he stay away from the hospital, unless in need of serious medical attention, abide by a curfew between 10pm and 6am, live with his parents and have no contact with the victim.

The case was adjourned until January 17 next year.

MY CLIENT IS TERRIFIED OF GOING TO JAIL AND WAS BEGGING ME TO APPLY FOR BAIL SOLICITOR STEVE CARTER