Boot to head leads to jail

A MAN who booted his friend's rival in the head in what he claims was an attempt to break up a fight has been sent to jail.

Damien James Lane has been sentenced to six months behind bars, for his part in the May 10 incident at Stanthorpe.

Lane, who the court heard had an extensive criminal history that included such offences as burglary, appeared in Warwick Magistrates Court this week and pleaded guilty to assault occasioning bodily harm.

Lane's friend and the assault victim were fighting outside a Stanthorpe pub.

Defence solicitor Daniel Habermann told the court his client saw his friend being "pummelled" and said he made an attempt to stop the fight by kicking the other man in the face.

"He looked out and there was his mate getting pummelled by this victim," he said.

Mr Habermann told the court his client had no idea how the fight started and had aimed for the man's arm, not his head. The victim suffered swelling and bruising to his eye as a result.

The court heard Lane had a problem with alcohol, with the young man even asking the magistrate if rehab was a sentencing option for him.

Mr Habermann conceded that Lane's behaviour had taken him past that point, but added his client performed well under the structure of the correctional system.

Lane was supported in court by his mother, fiancee and uncle.

He will be eligible to apply for parole after serving one month. However it could take several months before his request is processed.



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