James Alexander McIndoe pleaded guilty to grievous bodily harm
A teenager who punched another man during a confrontation outside a Maryborough hotel after consuming about 18 rums acted excessively in defending himself, a court has heard.
Police & Courts
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A teenager acted excessively when defending himself, a court has heard, punching another man in the face and leaving him with serious injuries.
James Alexander McIndoe pleaded guilty to one count of grievous bodily harm when he faced Maryborough District Court this week.
The matter was initially going to trial, but McIndoe entered a plea of guilty on Monday before being sentenced before Judge Terry Gardiner on Tuesday.
The court heard the victim had been at the Lamington Hotel with a group of people.
When the hotel closed, the group moved to the car park, gathering around a car.
McIndoe, who was 18 at the time, had approached and asked the driver for a lift to the next venue, the court heard.
His request was refused and he continued to insist, the court was told, with the victim telling McIndoe to “f**k off”.
An argument started which involved the victim telling McIndoe he was going to hit him, the court heard.
McIndoe then walked away from the group, walking around a corner and punching a hole in a nearby building.
He was heard yelling and he then returned, calling out to the victim who was in the car, calling him a “b***h and a p***y”.
The victim’s partner pushed McIndoe backwards to try to separate him from the group, but the victim got out of the car and approached McIndoe, saying words to the effect of he was going to kill him.
As the victim got within arm’s length, McIndoe landed an overhead punch to his face, the court was told, causing him to fall.
There was no suggestion the victim hit his head, the court heard.
The court heard while McIndoe had been confrontational, when the victim walked towards McIndoe he had posed a risk to the defendant.
But that risk was met with “excessive violence”, which resulted in serious injury, the court heard.
The victim had suffered facial fractures as a result of the punch and had needed to undergo surgery in Brisbane, where metal plates to be inserted for correction.
Without correction he would have had a reduced ability to open his mouth and pain associated with movement of the jaw and chewing.
His victim impact statement spoke to the pain and discomfort he had suffered, the court was told.
The teenager had demonstrated considerable remorse in the aftermath of the offending, the court heard, voluntarily attending the police station and making admissions.
He had told police he had consumed about 18 rums that night and he struck the victim because he thought he was going to be hit.
McIndoe had sent a message of apology to the victim the next day, the court heard.
His plea of guilty was his acknowledgment his use of force was excessive, the court was told.
It was not in the category of a coward’s punch or a king hit, the court heard.
The court heard McIndoe was currently employed.
His parents were in court supporting him.
The Crown prosecutor asked for 18 months in prison, wholly suspended, while the defence team asked for McIndoe to be placed on a community-based order with no conviction recorded because of how a conviction could affect his employment.
Judge Terry Gardiner said McIndoe’s references spoke highly of him and suggested the offending was out of character.
McIndoe was sentenced to 18 months in prison, wholly suspended for two and a half years.
A conviction was recorded.