Adam Thomas Warren jailed for CBD attack on victim after fearing gay advance

A man elbowed another man to the face – knocking him to the ground unconscious – over what he feared was a gay advance, a court has heard.

A man cowardly elbowed another man, robbing him and leaving him unconscious in a CBD laneway because he believed the man made a gay advance, a court has heard.

Adam Thomas Warren, 32, of Christie Downs previously pleaded guilty to a charge of aggravated robbery over the incident on Produce Lane, near Hindley St, in the early hours of Boxing Day, 2020.

In sentencing on Thursday, District Court Judge Joana Fuller said Warren’s reaction to the advance explained, but did not excuse or mitigate, his conduct.

“Your actions … were cowardly and selfish and uncaring,” she said. “For all you knew (the victim) could have died after you left him there.”

She said Warren, another man and the victim had been strangers prior to that night, but had walked down the alleyway together to smoke cannabis.

“You thought (the victim) was making a homosexual advance towards you, in response to which you elbowed him, causing him to fall to the ground.”

She said it was fortunate the victim, who was callously left lying unconscious and robbed of his phone and wallet, had not sustained any serious injuries.

Judge Fuller said CCTV footage of the incident showed Warren take the victim’s mobile phone, before elbowing him to the face about 20 seconds later.

“Whilst he was on the ground, apparently unconscious, your co-accused went through his pockets and took his wallet,” she said.

She said the robbery was a “spontaneous decision that occurred after he was rendered unconscious”.

Warren attempted to roll the victim on his side, but was unable to do it, and left him lying unconscious in the lane until he was discovered by a passer-by.

She said Warren and the other man caught a taxi to McDonald’s, where the victim’s bank card was used to make a purchase.

“The footage from McDonald’s shows the two of you behaving in a way that appears to be some sort of celebration,” Judge Fuller said.

Warren was arrested at the fast food restaurant.

Judge Fuller said Warren told police he had lashed out after the victim had started “talking like a f**king p**f” and tried to suck Warren on the neck.

“You told police you freaked out when (the victim) fell and his head sounded like it cracked on the ground.”

She said an immediate prison term was the only appropriate penalty and jailed Warren for at least three years and six months. She declared him a serious repeat offender, making a non-parole period of 80 per cent of the head sentence, at two years and 15 days, mandatory.