Pro­ba­tion for punch-up

Whitsunday Times - - WHITSUNDAY NEWS AND VIEWS -

A 19-YEAR-OLD man who punched an­other man out­side the Down Un­der Bar in Air­lie Beach said he did so be­cause he was pro­voked.

Jake Cameron Al­gie ap­peared in the Proser­pine Mag­is­trate’s Court on Mon­day on charges of be­ing a public nui­sance in or near li­censed premises and ob­struct­ing po­lice.

It was 4.15am on Fe­bru­ary 21 when po­lice were called to the bar where a group of men had been fight­ing.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Al­gie, who was among the group, re­fused to co-op­er­ate and con­tin­ued to swear de­spite his friends’ at­tempts to calm him down.

She said he told po­lice he and his friends had been ap­proached by a group of Rock­hamp­ton boys who called them “fag­gots”.

He ad­mit­ted the sit­u­a­tion es­ca­lated and he then punched one of the men.

Ms Smith said Al­gie re­sisted ar­rest and “hyped up his of­fen­sive lan­guage”.

She told mag­is­trate Ron Muir­head he was obliged to or­der a pe­riod of com­mu­nity ser­vice on top of any other penalty that might ap­ply due to this hap­pen­ing in a Safe Night Precinct (SNP).

Duty lawyer Sher­rie Meade said Al­gie knew al­co­hol was start­ing to have a detri­men­tal ef­fect on his life.

She said he did take of­fence at what was said but con­ceded provo­ca­tion was no de­fence.

Nonethe­less, due to Al­gie’s young age and his fu­ture plans to travel to New Zealand, she asked for no con­vic­tions to be recorded.

Mr Muir­head did not agree, telling Al­gie “I ap­pre­ci­ate you’re only 19, but peo­ple who be­have like you have, have to suf­fer some penalty”.

Al­gie was sen­tenced to nine months pro­ba­tion and 50 hours of un­paid com­mu­nity ser­vice. He was also banned from li­censed premises in the Air­lie Beach SNP be­tween the hours of 7pm and 7am for the next six months. Con­vic­tions were recorded.

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