Loutish be­hav­iour too com­mon here

Whitsunday Times - - NEWS | PROSERPINE MAGISTRATES COURT -

KICK­ING a man while he is down demon­strates a “com­plete lack of com­pas­sion”.

Liam Giovanni Fer­raris, 19, learnt this at Proser­pine Mag­is­trates Court on Mon­day af­ter plead­ing guilty to as­sault oc­ca­sion­ing bod­ily harm while in­tox­i­cated.

Pros­e­cu­tor Bern­hard Berger said on De­cem­ber 11, Fer­raris and four oth­ers were seen act­ing ag­gres­sively to­wards each other in a pub­lic place on the Air­lie Beach main street be­fore be­ing asked by an­other man to stop fight­ing at 3.25am.

“This en­raged (Fer­raris) who chased and at­tacked the vic­tim, who had sev­eral punches thrown at him as he hastily re­treated to the cen­tral la­goon carpark cov­er­ing his face and avoid­ing the blows as best he could,” Mr Berger said.

“The vic­tim was pushed by (Fer­raris) which caused the vic­tim to fall down five steps and fall on the right side of his face and (he) was knocked un­con­scious.”

The court was told Fer­raris pro­ceeded to lightly “prod” the vic­tim with his foot.

The vic­tim suf­fered a lac­er­a­tion to his right eye re­quir­ing three stitches, a split lip, bruis­ing to his chin re­quir­ing four stitches, a swollen bruise to the right side of his face, a black right eye, bruised hands and a bruised right thigh, largely caused by the fall.

Fer­raris turned him­self in to the Whit­sun­day Po­lice Sta­tion on De­cem­ber 19 and ad­mit­ted guilt.

De­fence solic­i­tor Pa­trick Cul­li­nane said there were fac­tors which needed to be con­sid­ered in his client’s favour.

“He has no crim­i­nal his­tory and this should be viewed as an aber­ra­tion,” he said.

Mag­is­trate Si­mon Young said “loutish be­hav­iour” was too preva­lent in Air­lie Beach.

“I note that af­ter he fell down the steps and suf­fered in­jury and be­came un­con­scious you had prod­ded him with your foot,” he said, adding “you might have seen that be­hav­iour in the movies but it is com­pletely un­ac­cept­able in the real world”.

Fer­raris was sen­tenced to six months im­pris­on­ment wholly sus­pended and 60 hours of com­mu­nity ser­vice.

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