John Johnston pleads guilty to recklessly causing injury at There There
A mechanic on a night out at a popular Malop St venue grew belligerent and headbutted a bar tender – breaking his nose – when he was refused service and asked to leave.
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A mechanic who broke a bartender’s nose during a night out at a popular Geelong watering hole has been scolded by a magistrate.
John Johnston, 27, appeared in Geelong Magistrates Court on Wednesday and pleaded guilty to recklessly causing injury, for which he was convicted and fined $2000 by Magistrate John Lesser.
The charge stemmed from an incident at There There & Captain on Malop St on December 22 last year.
Police prosecutor senior constable Kiley Gray told the court Johnston approached the interior bar at the front of the venue, where his victim was serving other patrons.
Johnston began interrupting him, asking to be served, the court heard.
He was asked to leave the venue by the victim, but Johnston “continued to be aggressive”, Constable Gray said.
Johnston went down a corridor towards the venue’s courtyard, where a second bar was located; the victim followed, informing Johnston he would not be served.
Constable Gray said CCTV footage captured Johnston cocking his head back and headbutting the victim – breaking his nose – before fleeing the venue out the front door.
The footage was not played in court.
On February 19, Johnston was arrested at his home and interviewed at Melton Police Station, where he gave no comment.
Johnston’s lawyer, Caetlyn Wells-Simon told the court Johnston had pleaded at the earliest opportunity, with the matter only adjourned so she could view the footage of the incident.
Ms Wells-Simon said Johnston was ashamed to be fronting court and understood it was a serious matter.
“I’ve been instructed not to make excuses,” she said, adding Johnston conceded his conduct was inappropriate.
“That’s the understatement of the day so far,” Mr Lesser said.
The court heard Johnston had also been handed a 12-month exclusion order from the Geelong CBD, other than to front court.
Ms Wells-Simon said Johnston had no priors for injury offences, and had not yet faced a conviction, and was “otherwise a hardworking man”.
She submitted he was now sober, working weekdays and on the weekends, and was financially supporting his brother who had recently returned from overseas.
His financial circumstances meant a fine was “not in any way a light penalty”, Ms Wells-Simon said.
He had a new partner and was “focusing on her, not going out with his mates”.
In sentencing Johnston, Mr Lesser said he hoped the matter would lead to further reflection on Johnston’s part, and urged him to find a strategy to avoid a similar situation in the future.
“People go to jail for this sort of thing,” he told Johnston.
“Clearly inappropriate is not the right word, it’s outrageous behaviour …. put yourself in that position, reverse it.”
Mr Lesser noted Johnston’s financial situation, and said he wanted him to think, each time he went to pay it off, about how he could have avoided the penalty if he had just reacted differently.
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