Probation for punch-up
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.