Luke Patrick McDougall avoids jail for one punch attack in Bundaberg

It was meant to be a night of celebration but things turned sour at the end of the night when a fight left a man unconscious, and with a fractured jaw, nose and tooth that needed surgery and a plate.

It was meant to be a night out celebrating his wife’s birthday, but as the evening was coming to an end a fight between two groups dampened the party.

Luke Patrick McDougall, 41, had been at the Spotted Dog Tavern with his wife and friends on December 20 in 2019 and left at 11.45pm.

The victim had also been out that night with friends drinking at various places and arrived as McDougall was leaving, but he was turned away as the venue was closing.

Bundaberg District Court has heard there was then an exchange of words between the two groups before a fight broke out involving the victim and with others trying to intervene.

The fight moved from the curb to the pathway and the victim was seen approaching one of McDougall’s associates.

McDougall pushed past his wife and punched the victim to the right side of the head, the court heard.

The victim fell backwards, hit his head and lost consciousness before being put in the recovery position by McDougall’s wife.

McDougall was taken to the Bundaberg Police Station and later released as he was too drunk to be interviewed.

McDougall was charged with one count of grievous bodily harm as a result of the attack and pleaded guilty to the offence in Bundaberg District Court on Friday, October 1, 2021.

He told police that he remembered being out drinking that night but did not recall punching anyone.

The prosecutor told the court McDougall’s victim suffered a fractured jaw, nose and tooth and required surgery to have a plate put in.

The man also had a tooth removed and still had ongoing nerve damage, the court heard.

It heard if the injuries had been left untreated they would have caused permanent damage.

A victim impact statement, which was tendered to the court, also detailed how the victim now felt anxious in public settings.

McDougall’s barrister Callan Cassidy told the court his client was described by friends and family as a “hard working family man”.

Mr Cassidy said McDougall usually avoided big events and celebrations but went to that one because it was for his wife.

He said McDougall had run into a number of friends and associates who “took it upon themselves” to buy him drinks in celebration of his recent 40th birthday.

He told the court while his client had some history, there hadn’t been any entries on it for 11 years.

Mr Cassidy said McDougall had previously offered to pay compensation and offered a sincere apology and the offer still stood.

The victim suffered a fractured jaw, nose and tooth as a result of the attack.

He said it wasn’t until days before the court appearance that McDougall learnt the extent of his victim’s injuries.

A report tendered to the court by Mr Cassidy said McDougall had suffered from anxiety “in the severe range” and that he had begun taking steps to get help for his issues.

The court heard McDougall and his wife lived “paycheck to paycheck” and that he had been putting money aside for her and their children in case he was to be jailed.

Judge John Allen took into account McDougall’s plea of guilty as a sign of his remorse, however he said he didn’t have the benefit of a young age in his favour.

Judge Allen said actual time in prison was open for McDougall, but there were aspects that supported a non-custodial sentence including his remorse, plea of guilty and that he had taken steps to address the underlying cause of his behaviour.

McDougall received a two-year prison sentence which was wholly suspended for a period of three years.

He was also ordered to pay $20,000 in compensation with the first $5000 to be paid within two weeks.