Man avoids prison after assault

A KILLARNEY man narrowly avoided jail yesterday for his involvement in a vicious attack, in which up to four people surrounded and repeatedly punched a teenager at a party in April.

Bailey Donovan Spindler – also known as Mitchell Schultz – pleaded guilty in the Warwick Magistrates Court yesterday to a charge of assault occasioning bodily harm.

The court heard the victim attended a party at an address on Canning St on the evening of June 3 with his girlfriend and at one stage was surrounded by a group of four males.

The police prosecutor told the court the victim was sitting in a chair when the group approached him and proceeded to place lit cigarettes on his head and tipped rum and cola on him. From that point Spindler was heard to have punched the teenager in the back of the head before the group pulled the victim’s shirt over his head and punched him repeatedly before the victim managed to flee the property.

Following the attack the victim reported swelling, cuts and stitches to his cheek and cuts inside his mouth which made it painful for him to chew.

The police prosecutor told the court while this was Spindler’s first assault charge it was one at the top of the scale and suggested a term of imprisonment would not be unreasonable.

Defence counsel for 20-year-old Spindler said his client only recalled hitting the victim once but was so drunk his memory of the incident was “basically non-existent”.

He said his client has stopped drinking alcohol shortly after this incident and moved to Killarney to distance himself from his co-accused.

Magistrate Anne Thacker said she was impressed with his decision to stop drinking, but also acknowledged the escalation of violence in his criminal history in the past two years.

Spindler was sentenced to three months jail, wholly suspended for 12 months.

Warwick teenager Levi Jason Clarke-Davis, 17, appeared in the same court yesterday charged with the same offence.

He will re-appear in the Warwick Magistrates Court on August 30.



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