Judge con­demns vi­o­lent at­tack

Whitsunday Times - - LOCAL NEWS -

VI­O­LENT behaviour of a Proser­pine trainee me­chanic, who whacked a Proser­pine par­ent in the face dur­ing an un­pro­voked at­tack af­ter a Year 12 high school grad­u­a­tion, was de­scribed as ap­palling and dis­grace­ful by a District Court Judge in Mackay.

Joshua Filby, 19, pleaded guilty to as­sault caus­ing bod­ily harm to the man on Novem­ber 16, 2013.

Kylie Heath for the Direc­tor of Public Pros­e­cu­tions said the vic­tim was a vol­un­teer help­ing su­per­vise the Year 12 event at Proser­pine Show­ground when at 1.10am he no­ticed boys sur­round­ing an­other boy on the ground. Filby walked to­wards the group but the man who be­came the vic­tim of the as­sault stopped him (Filby) from go­ing closer.

Filby then punched him in the left side of his face and the im­pact caused two frac­tures.

The in­jured man was later given a te­tanus in­jec­tion and an­tibi­otics by a doc­tor. De­fence bar­ris­ter Paddy Cul­li­nane said Filby was 18 at the time and do­ing a school-based me- chanic ap­pren­tice­ship. He said the as­sault was a one punch and not a king hit.

He said it did not jus­tify im­pris­on­ment and he sought a fine or com­mu­nity ser­vice work or­der for his client. "What you did that night the com­mu­nity finds ap­palling," Judge Stu­art Dur­ward SC told Filby.

"He was vol­un­teer­ing his ser­vice to keep peo­ple like you out of the way of peo­ple cel­e­brat­ing their Year 12.

"He did noth­ing wrong by putting out his hand to stop you en­ter­ing a trou­ble spot. In­stead you should have walked away but in­stead you used your fist. "Peo­ple who lash out and punch oth­ers can get them­selves into a lot of trou­ble. Peo­ple are sit­ting in jail for years be­cause of a mo­ment of stu­pid­ity.

"A sim­ple push can kill and can put some­one like you in jail for a very long time. If you are ever again in a sit­u­a­tion like this you walk away."

He was or­dered to pay $500 com­pen­sa­tion and com­plete 60 hours of un­paid Com­mu­nity Ser­vice work.

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