THE victim's head was punched, kicked and stomped into the pavement until he lost consciousness, but a 19-year-old involved in the sickening five-on-one attack avoided jail in the Warwick Magistrates Court yesterday.
Brendon Leo Blair – also known as Boney – sat stony-faced in the court's dock yesterday as he tested the waters for the four other accused yet to face court for the unprovoked assault about 7.30pm on October 29.
Blair pleaded guilty to assaults occasioning bodily harm in company and public nuisance for his involvement in the attack in front of a popular Warwick watering hole which led to the hospitalisation of a 31-year-old man.
Police prosecutor Senior Constable Steve de Lissa said CCTV footage clearly showed Blair stomping on the victim's head where he lay defenceless on the ground.
“The complainant was out the front smoking a cigarette and footage shows a number of people walking past... the complainant was head-butted, threatened and pushed up against a brick wall where punches were thrown, when he was down he was kicked and stomped on,” Snr Const de Lissa said.
“Police soon located (Blair) who was wearing the same clothes as pictured on CCTV footage... he declined to be interviewed by police.”
Snr Const de Lissa told the court the violent offender had spent 10 days in pre-sentence custody but due to the “violent and unprovoked attack” on a random person on the street it warranted a term of imprisonment.
Blair's defence said his client and three other revellers had finished a cask of Fruity Lexia near the Tiddalik statue in Federation Park before “staggering” to the CBD hotel.
Flanked by his family in the public gallery, Blair nodded occasionally when his defence outlined a troubled childhood growing up in foster care.
Blair told the court he had lived in Warwick for five months.
“The only thing on his side is that he's a youthful offender,” the defence said.
“This is yet another example of an alcohol-fuelled event.”
Magistrate Anne Thacker said violent behaviour would not be tolerated within the community.
“There's been too much violence, especially at (the CBD hotel),” Magistrate Thacker said.
Blair was sentenced to six months jail with immediate parole release taking into consideration the 10 days spent in pre-sentence custody.
Three other co-accuseds are due to appear at the Warwick Magistrates Court on November 16 and a fifth co-accused juvenile will appear in the Children's Court on November 15.