Fly-kicker walks free

AN apprentice tradie who fly-kicked a 56-year-old man in the chest outside the Gold Coast University Hospital has walked from court on a good behaviour order.

Jamie William Barsby admits he took things too far on February 28 last year.

The 22-year-old (pictured) pleaded guilty in the Southport Magistrate’s Court on Friday to assault occasioning bodily harm.

Magistrate Joan White placed him on a $200 good behaviour bond for six months. No conviction was recorded.

“I accept your plea of guilty on the basis of your overreaction,” she said.

Magistrate White noted Barsby had two “excellent” references.

Prosecutor Gavin Reece said the victim was waiting inside his vehicle outside the emergency department at the hospital when he saw Barsby arguing with his partner.

The pair saw the victim watching them and approached the vehicle. The woman screamed at the victim, who wound his window down before getting out of his ute.

Mr Reece said Barsby’s partner lunged towards the victim before slamming the ute door closed.

He said the victim was “in fear for his self and property” and grabbed the woman by the hair.

Mr Reece says that is when Barsby “ran up and flykicked” him. He said it “may have been a misguided attempt” at trying to protect his partner. “A fly-kick is quite serious,” Mr Reece said.

Defence lawyer Phillip Whitehead said that while the victim was much older than Barsby, he was an imposing figure at seven-foot tall.

He said Barsby described his partner as being thrown around like a “rag doll”.

“In retrospect he should not have done what he did,” Mr Whitehead said. “At the time he just thought he was being protective.”

Mr Whitehead said Barsby had since broken up with the woman and lived with his mother in Southport where they shared the rent.

He said Barsby had done three years of his apprenticeship and wanted to become a roofer or builder.

Mr Whitehead said Barsby was focused on his career.

He said he only had a small drug offence in his criminal history.