A DRUNK reveller alleged to have kicked to the head a one-punch victim he knocked to ground has been warned he faces a jail sentence.
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Kane Egan, 23, of Wangoom Road, Warrnambool, appeared in the Warrnambool Magistrates Court for a contest mention hearing this week charged with recklessly causing injury, assault by kicking and unlawful assault.
Magistrate Cynthia Toose heard the circumstances surrounding a New Year's Eve incident and warned Mr Egan he was likely to receive a jail sentence if the charges were proven.
In a sentencing indication, Ms Toose said a prison sentence would have to be imposed considering Mr Egan had previously been jailed in 2015 for recklessly causing injury and had a similar prior offence in 2014.
Police said that Mr Egan and the victim were outside the Courthouse Kitchen about 11pm on December 31.
There was a conversation involving a group of men when the victim was punched to the back of the head and passed out.
Police said Mr Egan punched the victim again while he was on the ground and then kicked him to the side of the head while he was being held by security staff.
The victim suffered bruising and abrasions to the head, abdomen and shoulder.
Solicitor Xavier Farrelly said two statements had now been obtained which indicated the victim slapped Mr Egan and his brother before a scuffle developed.
Police prosecutor Senior Constable Paul Harris agreed there was a "grey area" about what preceded the actions which led to the charges.
Police have also applied for a two-year alcohol exclusion order, which would ban Mr Egan from licensed premises in central Warrnambool.
After discussions between Mr Farrelly and his client, a guilty plea was entered to the charge of recklessly causing injury and the two other charges were withdrawn.
The hearing will be held on September 7 before Ms Toose after an in-depth mental health report is prepared for the court.
Ms Toose said it was a very concerning summary of evidence and kicking someone on the ground was a "coward's act".
She said Mr Egan admitted being so drunk that he was was in a difficult position if he wanted to contest the charges.
The magistrate said there was no excuse for someone to celebrate New Year's Eve by drinking so much alcohol that he "came out swinging" and the victim suffered injuries to his head and body.
