No ex­cuse for punches

Whitsunday Times - - NEWS -

DE­SPITE hav­ing no crim­i­nal his­tory and de­scribed as “not an ag­gres­sive per­son”, a Kir­wan man has been hit with a sus­pended jail sen­tence af­ter punch­ing a man in the face.

Luke John Wa­ters, 27, plead guilty in Proser­pine Mag­is­trates Court on Mon­day to as­sault oc­ca­sion­ing bod­ily harm.

Po­lice pros­e­cu­tor Bern­hard Berger said it oc­curred around 1.20am on Jan­uary 4 on Air­lie Beach main street when a man sit­ting in his car across from Mc­Don­alds told po­lice he had been punched twice through the win­dow. He had a bloody nose and mouth.

Po­lice stopped Wa­ters nearby and saw he had bloody knuck­les and blood­shot eyes. He said the man had been driv­ing dan­ger­ously and “nearly ran into them”.

De­fence so­lic­i­tor David Fitzger­ald, of Macrossan and Amiet, said it was strongly out of char­ac­ter and that af­ter al­most be­ing hit by the car, an ar­gu­ment en­sued and Wa­ters “took it un­for­tu­nately too far”.

In sen­tenc­ing mag­is­trate Si­mon Young said “street thug­gery like this, es­pe­cially while drunk, usu­ally at­tracts a pe­riod of im­pris­on­ment”.

He was sen­tenced to six months’ jail, wholly sus­pended for two years and or­dered to com­plete 60 hours of com­mu­nity ser­vice.

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