Suspended jail term for fight in city nightclub

A MAN with an “awful” history of offending has narrowly avoided serving time in jail after he was involved in a fight at a Toowoomba nightclub last year.

Senior Constable Leea Trewin told Toowoomba Magistrates Court Jesse Nathan Ellevsen had been upstairs at the Society nightclub when, about 1am on November 25 when he was involved in an altercation with another man.

He was arrested and taken home by police, issued a 10-day banning order from licensed venues, and given seven days to provide his fingerprints and have his photo taken at the Toowoomba station.

Sen-Const Trewin said Ellevsen failed to report to police in that time frame.

The court heard Ellevsen was on parole at the time of the offence and had a history of similar offending, which SenConst Trewin handed up to Acting Magistrate Roger Stark.

She submitted a term of imprisonment was appropriate due to Ellevsen’s prior history.

Solicitor Brad Skuse, for Ellevsen, said his client’s criminal history was admitted, and the night of the offence was the first time the 25-year-old had been out in some time.

Mr Skuse noted the charge before the court was public nuisance, with no complaint of an assault or injuries reported to police.

He said his client was in a stable relationship and had secured full-time work, and asked Mr Stark to consider a wholly suspended term of imprisonment of three to four months.

Mr Stark, in sentencing Ellevsen, said his criminal history was “awful” in relation to similar offences before the court yesterday, and he was “extremely fortunate” he had not been charged with assault.

Ellevsen pleaded guilty to one count of commit public nuisance within licensed premises, and contravene direction or requirement of police.

Mr Stark sentenced him to three months imprisonment, wholly suspended, with an operational period of 12 months, in relation to the public nuisance charge.

“This will be hanging over your head for 12 months,” Mr Stark said.

He fined Ellevsen $150 for contravening a direction and ordered convictions be recorded.