Why magistrate spared man from dream-crushing conviction
A TRAIL of blood led police to the culprit in a messy pub fight, Hervey Bay Magistrates Court heard.
The local concreter responsible faced court after assaulting two people and obstructing police during a drunken rage.
The 24-year-old was drinking at the Beach House earlier this month when he lost his temper at 10pm.
The court heard he attacked two unknown people including one teenager on the dance floor.
He grabbed one by the neck and attempted to punch them in face.
He also punched a photo frame attached to a timber post causing it to shatter and seriously cut his hand.
The father of one was then kicked out of the club by security leaving a trail of blood through the venue.
Police were able to find him a short time after by following the blood in the street.
As police attempted to arrest the man he resited resulting in a "violent altercation."
The man was eventually apprehended with the use of pepper spray and taken to hospital for treatment of his hand.
The court heard that since the rampage, the man had made an application to join the army.
The duty lawyer said despite being involved in a similar incident two years ago he urged the judge to not record a conviction.
"His application to join the army will no doubt be affected by a recorded conviction," he said.
Acting Magistrate Andrew Walker said he could see no explanation for the behaviour expect alcohol.
"I don't know if you drank too much that night or drank something different I don't know," he said.
"It's not like 50 years ago when you expect a few punch ups at the pub.
"That isn't the situation anymore."
Mr Walker said he would not be recording a conviction against the man but warned if he was back in court he would not be offered that again.
"One the basis that you are trying to get your life sorted out and if you are going to join the defence force … then you are going to know what tough work is all about," he said.
"The fact you are willing to try and do that and this is just a one off occurrence I will not be recording a conviction against you."
For all six charges related to that night Mr Walker the man was issued with what the court heard was a "fairly steep" fine of $1000.