Nicholas Murnane, 25, of Rooneys Road, Warrnambool, pleaded guilty in the Warrnambool Magistrates Court yesterday to recklessly causing injury after kicking to the face a man who was being ejected from Warrnambool’s Irish pub. 

He was convicted and fined $1500. Police prosecutor Sergeant Sandra Skilton successfully applied for the two-year alcohol exclusion order which bans Murnane from all Victorian licensed premises for two years.

The Sentencing Act exclusion order bans Murnane from entering, remaining or consuming alcohol in a licensed premises, including a restaurant or cafe, or from going to a major event as defined under the Liquor Control Reform Act.

Those major events include the AFL grand final, Australia Open Tennis, the F1 and motorcycle grands prix, Test cricket and major Melbourne race dates.

It is the first such order to be granted in the Warrnambool court and the legislation was introduced statewide to combat alcohol-fuelled public violence.

To grant such an order a magistrate needs to be convinced intoxification significantly contributed to the offending.

Police said that just before midnight on September 20 last year the victim was being escorted from the Seanchai Irish Pub in Liebig Street after smashing two glasses when he and a crowd controller fell.

While on the ground the victim received a kick to the face. 

A security guard said in a statement he had seen the victim smash glasses inside the pub, but  couldn’t intervene because he was required to stay at the front door.

He said the victim went limp after being kicked. 

The man was taken to hospital with swelling to the left side of his forehead and left eye, a laceration to his elbow and a lump to the back of head.

There was security camera footage of the incident showing the victim being kicked by Murnane, who during an interview with police admitted his actions.

Murnane said he had been drinking alcohol since 2pm that day with workmates and was drunk.  

He said the victim had smashed two glasses near him and his friends at the pub and a piece of smashed glass had cut one of Murnane’s female friends. 

Murnane said he intervened because the crowd controllers looked to be in trouble. 

Defence counsel Tony Robinson said his client was not happy about his behaviour.

Magistrate John Lesser said to say that Murnane’s behaviour was inappropriate was an understatement.

He said the situation was aggravated because the defendant had been in court before for similar offending.

“If you keep doing it you will end up in jail, probably, next time. If you continue doing it the end results will be devastating for you,” Mr Lesser warned Murnane.