Bobby James Hermsen avoids jail time after violent assault on train
A young father has avoided jail after he drunkenly assaulted a random member of the public aboard a southern train service earlier this year.
A Magistrate has condemned the actions of a young father after he drunkenly instigated a fight aboard a southern train service earlier this year.
Bobby James Hermsen, 26, pleaded guilty to two assault charges and one breached bond in the Christies Beach Magistrate Court on Friday.
In sentencing submissions, Magistrate Gregory Fisher said no member of the public should “fear” boarding public transport.
“This sort of offending has to be deterred. It is very important people can use public transport without being subjected to this sort of behaviour,” Magistrate Fisher said.
“People should use public transport free of any fear of a drunk coming up and punching them.”
The court heard Hermsen – who had been placed on a good behaviour bond for a prior offence – had been drinking the morning of March 19, 2023 and proceeded to board the Seaford line.
Hermsen then began pushing people and accusing them of touching him saying “I’ll fight you all”.
“He (Hermsen) then approached the victim and said “I can take you, I’ve had enough drinks I can take any of you”,” the police prosecutor told the court.
The victim tried to calm Hermsen down, the court heard, asking him to take a seat before he was pushed with two open palms to the chest.
“He (Hermsen) then stood up and punched the victim with a clenched fist in,” said the police prosecutor.
“The victim has fallen backwards and the defendant has then punched him in the head, face and neck area.”
Mr Hermsen was removed from the victim and the train.
When questioned by police about the incident two months later, Hermsen said he “couldn't remember much” from the incident, he was intoxicated and that he had been the victim due to him being sore and not knowing why.
The court heard Hermsen was placed on a 12 month good behaviour bond for property damage earlier this year.
Hermsen’s defence counsel told the court his client had taken the appropriate steps in rehabilitation and his character references refer to him as a ‘doting dad’.
“He has ceased drinking all together … he accepts not a substance he can tolerate whatsoever,” he said.
“He instructs he was shocked and found it difficult to explain his actions, he is genuinely remorseful.
“He is typically a reserved person who avoids conflict.”
Magistrate Fisher sentenced Hermsen to three months and 18 days imprisonment, suspended for two-years and placed him on a two year good behaviour bond.
