Mackay man Darrien James Ferris given ‘unusual’ sentence for gouging guard’s eye
The mine worker started a fight with a hotel security guard when he was asked to leave the premises.
Mackay
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A Mackay father-of-two has been handed an "unusual" penalty after he pleaded guilty to assaulting a security guard by gouging his eye during a scuffle.
Mackay Magistrates Court heard Darrien James Ferris, 36, was at the Metropole Hotel at 1.40am on March 6 when a security guard approached and asked him to leave the premises.
When the miner worker refused to leave the hotel, the court heard he shaped up to the guard, throwing several punches.
A scuffle ensued which resulted in Ferris dragging the guard to the ground, getting on top of him and pushing a finger into his eye.
The victim needed surgery after the assault inflamed a previous shoulder injury and he was off work for six weeks.
Acting Magistrate Ron Muirhead noted Ferris's previous conviction of a serious assault on a police officer.
His solicitor Jenna Du Preez said Ferris had difficulty remembering the assault on the security guard, but was "embarrassed" by his actions.
She said her client was prone to angry outbursts and had turned to alcohol as a coping mechanism when he was just a teenager after he found out his parents weren't his biological parents.
Ms Du Preez said Ferris was now in counselling for his unresolved childhood trauma.
The court heard Ferris had written a letter of apology to the victim and offered compensation without being prompted.
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Mr Muirhead said there was no doubt about the seriousness of the offence Ferris committed.
"In my view, and it's agreed by the prosecutor and even your solicitor, the only appropriate penalty the court should impose is imprisonment," he said.
Mr Muirhead sentenced Ferris to 12 months imprisonment with a conviction recorded, 150 hours community service and ordered him to pay the victim $5000 compensation.
Ferris was then offered immediate parole, with the magistrate taking into account the submissions his solicitor had made and his full time employment.
Mr Muirhead said the offer of immediate parole was a "bit unusual".
Ferris was also fined $2000 for a drink-driving charge and was disqualified from driving for 12 months, with a conviction recorded.
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Originally published as Mackay man Darrien James Ferris given ‘unusual’ sentence for gouging guard’s eye