Magistrate blasts stubby thrower's 'simple stupidity'

A WARRNAMBOOL man has admitted he was being “a pissed dickhead” when he smashed a stubby near an off-duty police officer.

Joseph Thomas Kenna-Walsh, 20, of Spence Street, pleaded guilty in  Warrnambool Magistrates Court to throwing a missile to the danger of a person, as well as being drunk and disorderly.

The court heard Kenna-Walsh had been drinking at Warrnambool’s Royal Hotel in June last year when he left and hopped in a car with some friends.

As they drove along Fairy Street past the pub’s entrance, Kenna-Walsh threw a stubby, which ricocheted off a car and shattered against the outside wall of the hotel.

The breaking bottle sprayed glass towards an off-duty police officer and his partner who were leaving the pub. 

The court was told the partner was hit in the ankle by flying glass.

Kenna-Walsh was arrested later that night for being drunk at Rafferty’s Tavern in Warrnambool.

Defence counsel Matt Senior said his client had described himself as “a pissed dickhead” when referring to the night in question.

Mr Senior said Kenna-Walsh had “fleeting recollections of the events of the evening”, but noted that the victims had just emerged from the hotel when Kenna-Walsh threw the bottle.

Mr Senior also told the court it was a coincidence one of the victims was an off-duty police officer.

“It was reckless and irresponsible, but there were no aggravating factors,” he said.

Magistrate Jonathan Klestadt said Kenna-Walsh had done “an extremely stupid thing”, but accepted that it was “simple stupidity rather than malicious stupidity”.

“This offence could have led to imprisonment,” Mr Klestadt said.

“You could have hit someone in the face and taken their eye out. You could have severed an artery and someone could have bled to death.

“Bad luck happens. 

“You had no thought or consideration for other people.”

He did not convict Kenna-Walsh but fined him $750 plus $107.80 court costs.


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