Ben George Arthur Turner pleads guilty over Airlie Beach Macca’s assault
A teen who claimed to be expecting his first child repeatedly punched a stranger in the head during a brutal assault at a popular fast food restaurant. Find out why he did it.
Police & Courts
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A Mackay teen who claimed to be expecting his first child repeatedly punched a stranger in the head during a brutal assault at a fast food restaurant after a night out.
Ben George Arthur Turner did not know his victim when the pair came across each other at a Whitsunday McDonald’s but that did not stop him from causing $8500 in medical costs to the other man.
It was August 29, 2020 and Turner, then aged 18, had been with mates at the popular Airlie Beach fast food joint after a night out on the main strip at the same time as his soon-to-be victim.
Crown prosecutor Samantha O’Rourke said the friends of both Turner and his victim “became involved in a scuffle”, after which the teen punched the other man about eight times in the head.
Mackay District Court heard Turner had continued hitting his victim after the other man had stopped resisting.
Ms O’Rourke acknowledged Turner’s young age and lack of any criminal history but said this was weighed against the fact the assault was committed in public and “was clearly an excessive response to the (victim’s) actions”.
Turner, now 19, pleaded guilty to assault occasioning bodily harm, which has a maximum penalty for seven years jail.
Defence barrister Scott McLennan, instructed by Geoff Govey of Taylors Solicitors, said the offending was “not gratuitous violence”.
Mr McLennan said Turner, who was an operator for a road construction company, was at the start of his working career and had instructed he was expecting a daughter, his first child.
“He’s not a fighter. He told me he hasn’t been in a fight since Grade 7 when he was being bullied at school,” Mr McLennan said.
The court heard Turner claimed he had tried to pull his friend away from the victim’s friend, when the victim put him in a “choker hold”.
“He was trying to diffuse the situation, not aggravate it,” Mr McLennan said.
“My client was entitled to use some force but he clearly went too far.”
Mr McLennan said the victim had a prior nose injury and had claimed the medical expenses from Victim Assist Queensland.
“People fill their bellies full of alcohol and then they go have something to eat and there’s a fight,” Judge Julie Dick said, finding Turner “certainly overreacted”, despite any lead up.
But because of his young age Judge Dick placed Turner on two years probation and ordered he pay $2000 compensation. A conviction was recorded.