DVO man in court after punch- up

Townsville Bulletin - - NEWS - VIC­TO­RIA NU­GENT vic­to­ria. nu­gent@ news. com. au

A MAN was ar­rested for con­tra­ven­ing a do­mes­tic vi­o­lence or­der after pa­trolling po­lice caught him punch­ing an­other man out­side a pub on Ross River Rd in the early hours of Wed­nes­day.

The 34- year- old man, who can­not be named for le­gal rea­sons, ap­peared in Townsville Mag­is­trates Court on Wed­nes­day morn­ing after a night in the watch- house.

Po­lice had come across the two men about 2.30am on the foot­path of Ross River Rd in a drunken punch- up after a night of drink­ing.

A do­mes­tic vi­o­lence or­der had been in place since March.

Po­lice pros­e­cu­tor Codie Rowe said the men had been walk­ing along Ross River Rd near the Ris­ing Sun Ho­tel when an ar­gu­ment broke out.

“Po­lice who have been pa­trolling along Char­ters Tow­ers Rd have ob­served the de­fen­dant punch­ing into the ag­grieved, who was at­tempt­ing to pro­tect him­self,” he said.

“This all oc­curred out­side Bob Jane T- mart.

“Po­lice have at­tempted to ob­tain an ac­count from both par­ties but both the ag­grieved and the re­spon­dent were quite in­tox­i­cated.

“The ag­grieved was bleed­ing from his mouth and re­ported feel­ing dizzy and nau­seous.

“While speak­ing to po­lice the ag­grieved has vom­ited re­peat­edly.”

The court heard a ver­bal ar­gu­ment broke out be­cause the ac­cused wanted to go home while the vic­tim wanted to keep drink­ing. The vic­tim and fam­ily mem­bers were present in the court­room to sup­port the ac­cused.

Mag­is­trate Scott Lux­ton said it was con­cern­ing not only that the of­fence hap­pened, but that it hap­pened in a pub­lic place in full view of po­lice.

“I accept the ag­grieved was the first to take it to a phys­i­cal level,” he said.

“Ob­vi­ously your re­sponse is dis­pro­por­tion­ate to the cir­cum­stances.

“I need to make it very clear to you this kind of be­hav­iour will not be tol­er­ated.

“If there is any re­peat of this type be­hav­iour then the court would make the as­sump­tion that be­ing placed on pro­ba­tion has not pre­vented you from com­mit­ting of­fences of a like na­ture.”

The man was sen­tenced to 18 months’ pro­ba­tion.

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