Magistrate agrees stray punch was an accident

A CHARTERS Towers magistrate has determined a punch thrown by a NSW man that struck an unintended victim in the face was an accident.

Magistrate Cathy Wadley dismissed a charge of assault occasioning bodily harm against Benjamin Luke Robinson, 30, who pleaded not guilty when he appeared at a hearing in the Charters Towers Magistrates Court on Tuesday.

The prosecution had alleged Mr Robinson punched

Kaitlin Lee in the face as he was attempting to punch Bradley Alloway and that, in attempting to hit Mr Alloway, he should have reasonably foreseen he may hit someone else.

The court heard Mr Robinson was with two other friends at Mcdonald’s in Charters Towers after midnight on September 22 when he became involved in an altercation.

It was alleged that, as a result of the fight, Mr Robinson was knocked out and an ambulance called to the restaurant.

Two paramedics gave evidence that they attended the scene to treat Mr Robinson, who refused treatment.

They said they saw him get up and move towards a group of three women and a man near the Gill St bus stop.

The paramedics said Mr Robinson (pictured) was unsteady on his feet and agitated and intoxicated.

Police Constable Thea Munday said she was speaking with Ms Lee when Mr Robinson approached them.

“While I was staying there the defendant has come past me and tried to hit Bradley Alloway and hit the victim,” Constable Munday said.

Ms Lee said she had been out drinking with friends when they went to Mcdonald’s to get food.

She said after the fight broke out she had moved with her friend, Courtney Christensen, toward the bus stop and it was there, while she was talking to Constable Munday, that she was hit by Mr Robinson.

As a result of the punch she attended the hospital and said she suffered two black eyes and two weeks of headaches. Defence barrister Ted Bassett said there was no disputing Mr Robinson had hit Ms Lee, but that he had not done so with intent.

“He didn’t go over there to assault (Ms Lee),” Mr Bassett said.

Mr Robinson told the court he had no recollection of being knocked out, nor of trying to punch Mr Alloway.

Ms Wadley said she was not satisfied beyond a reasonable doubt that Mr Robinson intended to assault Ms Lee.