Sus­pended sen­tence for 26-year-old’s ‘cow­ard punch’

Whitsunday Times - - LOCAL NEWS -

COW­ARD punch­ing another per­son on the main street of Air­lie Beach re­sulted in a sus­pended sen­tence for a 26year-old Bris­bane man.

It was 4.15am when Dino Ot­ta­viano was walk­ing along Shute Har­bour Road try­ing to pick fights with peo­ple walk­ing in the op­po­site di­rec­tion the Proser­pine Mag­is­trate’s Court was told.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Ot­ta­viano fol­lowed his vic­tim up the street af­ter be­ing told to “f**k off”.

She said he punched the vic­tim in the head, caus­ing him to hit the pave­ment and knock­ing him un­con­scious.

Ms Smith said shortly af­ter 4.20am po­lice found the vic­tim ly­ing in a large pool of blood. She said Ot­ta­viano ex­plained his ac­tions by say­ing the vic­tim had at­tacked him.

De­fence so­lic­i­tor Zoe Craven said Ot­ta­viano had en­dured a hard life, in­clud­ing a brief pe­riod spent liv­ing on the streets.

She also ex­plained Ot­ta­viano had drunk at least six schooners of beer that night and promised he’d stopped drink­ing af­ter this hap­pened.

“Words

(were)

ex- changed, he be­lieved (the) com­plainant was mouthing off at him,” she said, adding that in hind­sight he ac­cepted he had over-re­acted and that he was in the wrong.

Mag­is­trate Haydn St­jern­qvist main­tained this was an un­pro­voked at­tack.

“We all know what one punch can re­solve in and that’s some­one’s death,” he said.

Ot­ta­viano was sen­tenced to nine months im­pris­on­ment, wholly sus­pended for 27 months. He was also or­dered to pay $500 com­pen­sa­tion for the pain and suf­fer­ing he caused.

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