DVO man in court after punch- up
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.