‘Look­out’ re­leased on pa­role af­ter hear­ing

Whitsunday Times - - PROSERPINE MAGISTRATE’S COURT -

A MAN who acted as “look­out” while his friend as­saulted a man has been re­leased from prison on pa­role.

Ben­jamine Ja­son Dob­ing ap­peared via video link in Proser­pine Mag­is­trate’s Court on Mon­day charged with as­sault oc­ca­sion­ing bod­ily harm and en­ter­ing a dwelling with in­tent.

The 42-year-old, who was al­ready in cus­tody, said he was ex­tremely re­morse­ful and was only act­ing as look­out when the as­sault hap­pened, on Septem­ber 7, in Ju­bilee Pocket.

El­iz­a­beth Smith, for the pros­e­cu­tion, said Dob­ing and the co-ac­cused en­tered Ki­para Trop­i­cal Rain­for­est Re­treat at 8.15pm, just as the vic­tim was preparing to shower.

The co-ac­cused said to the vic­tim “I heard you called me a dick­head” and then punched him, the court heard. He con­tin­ued punch­ing and kick­ing when the vic­tim fell to the ground.

When CIB spoke to the vic­tim later, he said he felt se­ri­ous dis­com­fort and pain.

Two days later, on Septem­ber 9, Dob­ing and his co-ac­cused were picked up on Can­non­vale’s Co­ral Es­planade and taken to the watch house.

Duty lawyer An­toinette Mor­ton said Dob­ing had a strict Je­ho­vah Wit­ness back­ground and lived in Tas­ma­nia for a long time, where he has two chil­dren.

“He re­turned to Queens­land fol­low­ing the break-up of his re­la­tion­ship,” she said. “He is cur­rently do­ing his Year 10 cer­tifi­cate and in­tends to con­tinue with it. He has had var­i­ous jobs in­clud­ing be­ing a butcher and tyre fit­ter. He is ex­tremely re­morse­ful and he ac­cepts al­co­hol was af­fect­ing him.”

Mag­is­trate Haydn St­jern­qvist said it was a very se­ri­ous in­ci­dent.

“You have crim­i­nal history in four states, so that’s not some­thing that goes in your favour,” he said.

“You felt you were ag­grieved but you should not mete out jus­tice. As­sault is sig­nif­i­cant and the is­sue of de­ter­rence is al­ways a fea­ture. You talk about get­ting help and re­ha­bil­i­tat­ing but I won­der if you will fol­low through.”

Mr St­jern­qvist said a pe­riod of im­pris­on­ment was ap­pro­pri­ate and sen­tenced Dob­ing to nine months for both charges, to be served con­cur­rently, with a pa­role release date of that day, as Dob­ing had al­ready served three months in cus­tody.

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