A builder who belatedly got involved in a fight involving friends after being kicked out of a pub was yesterday convicted and fined $1500.
Isaac Goldsmith, 23, previously of Henry Street, Warrnambool, appeared in Warrnambool Magistrates Court for a contest mention and sentence indication, charged with recklessly causing serious injury.
Defence counsel David Ryan told the hearing that Goldsmith had been to the Seanchai Irish Hotel in Liebig Street on April 24, 2010, where his two friends had been involved in an altercation with other men which included pushing and shoving. He said the two victims had moved towards Timor Street after all of those involved were ejected from the hotel.
Mr Ryan said Goldsmith followed the group with the intention of breaking up what he could see was a further altercation developing.
He said Goldsmith’s wife heard him say “stop it” as he tried to push people apart, during which Goldsmith was struck to the face by one of the victims and punched the man back.
He said Goldsmith then threw another two or three punches and when the victim went to ground had kicked him once to the face. The victim suffered a fractured nose and eye socket.
The solicitor said Goldsmith and his friends were interviewed by police and the two friends, who had not been charged, had been the initial aggressors and both admitted landing a number of blows.
Magistrate Ron Saines said a sentence of imprisonment was in the range for such offending but Goldsmith had no prior appearances and the court had been told it was completely out of character.
However, he said a fine was warranted and it was appropriate to impose a conviction.