Tail­bone bro­ken in as­sault

‘Pest’ vic­tim bashed in pub

Whitsunday Times - - NEWS -

A MT JU­LIAN con­creter avoided jail on Mon­day af­ter he at­tacked an “an­noy­ing” fel­low pa­tron of a Proser­pine pub, leav­ing the vic­tim with a bro­ken coc­cyx.

David Francis Dunne, 35, pleaded guilty when he ap­peared in Proser­pine Mag­is­trates Court charged with as­sault caus­ing bod­ily harm af­ter he lost his cool while drink­ing with fam­ily and friends at the Prince of Wales Ho­tel on March 31.

Po­lice Prose­cu­tor Se­nior Con­sta­ble Han­nah Beard out­lined the evening where, at 7.55pm, lo­cal man Lewis Tuck sat next to an ac­quain­tance at Mr Dunne’s ta­ble.

“He (Dunne) took ex­cep­tion to the vic­tim and pushed him in the face with an open palm be­fore punch­ing him,” Sen-Con­sta­ble Beard said.

Af­ter Mr Dunne was re­strained, Mr Tuck walked over to the bar and called out to Mr Dunne which saw him “snap”.

“He pushed past his fa­ther and friends and punched the vic­tim in the stom­ach and head,” Sen-Contable Beard said.

“The fe­roc­ity of the at­tack knocked him (the vic­tim) to the ground and he frac­tured his coc­cyx.”

The court heard Mr Tuck suf­fered cuts near his right eye and fore­head and could not work for five days.

Macrossan and Amiet so­lic­i­tor Steven Hayles said the vic­tim was act­ing in the manor of a pest and had been asked pre­vi­ously to leave them alone.

“He (Mr Dunne) feels great re­gret and re­morse shown by his of­fer to pay $2500 in resti­tu­tion,” Mr Hayles said. “He ac­cepts he acted in­ap­pro­pri­ately to the sit­u­a­tion.”

The court heard Mr Dunne had a good work his­tory, work­ing as a part­ner with his fa­ther in their con­cret­ing busi­ness for the last 17 years since at­tend­ing Proser­pine High School.

Mag­is­trate Si­mon Young said the in­ci­dent ap­peared to be out of char­ac­ter for Mr Dunne, sup­ported by his lack of re­cent rel­e­vant crim­i­nal his­tory, references and good work his­tory.

“The in­ci­dent it­self is a se­ri­ous one, in my view, as it in­volves not one but two as­saults,” Mr Young said.

“A sin­gle punch to the head wasn’t the end of it ... fol­low­ing up with se­condary as­sault which re­sulted in se­ri­ous in­juries. If you had been able to ex­er­cise any sort of self con­trol those fur­ther in­juries would not have oc­curred.”

Dunne con­victed, sen­tenced to six months im­pris­on­ment, wholly sus­pended for 18 months, and or­dered to pay $2500 resti­tu­tion to the vic­tim.

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