PUNCHING a publican in the face who was trying to stop him letting the air out of car tyres has landed a former Camperdown district man a jail sentence.
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Benjamin Ward, 30, now of Woodhouse Street, Norman Gardens, Queensland, pleaded guilty in the Warrnambool Magistrates Court to recklessly causing injury, failing to leave licensed premises when requested and tampering with a vehicle.
Magistrate Peter Mealy had ordered that Ward be assessed for his suitability to undertake a community corrections order.
But Ward made it impossible for such an order to be put in place, saying he had to work six days a week at a mine and Rockhampton could not provide the alcohol and alcohol management services on a Sunday.
Ward returned to court and the magistrate jailed him for two months.
Ward has appealed against the severity of the jail term and been released on bail.
His appeal has been adjourned until the next sitting of the Warrnambool County Court starting on October 22.
Ward has to report to Queensland police each Monday and a surety of $800 has been put in place.
Police said that on April 28 Ward went to Camperdown's Hampden Hotel.
He left about 9.30pm after getting some takeaway drinks but returned about half-an-hour later.
He was later asked to leave after causing issues with other patrons and because the hotel was closing.
Ward went to the carpark at the rear of the hotel and was letting the air out of tyres which was brought to the publican’s attention.
The publican approached Ward, who punched him in the face, causing him to bleed profusely.
The publican armed himself with a vacuum cleaner pipe to demand Ward leave the property.
Ward admitted to police he had been letting down tyres and had “king hit” the publican.
Ward has prior court appearances for causing damage.
Lawyer Ian Pugh said his client had pleaded guilty at the first opportunity, was now working in Queensland and had flown back for the hearing.
He said his client was remorseful, he had unfortunately consumed too much alcohol and behaved the way he did.
Mr Pugh requested his client be fined up to $5000 rather than be put on the CCO, but the magistrate indicated that would a fine would not address Ward's issues.
Mr Mealy suggested an appropriate fine would be $50,000.
