Loutish behaviour too common here
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.