Bradley Andrew Hare, Jay Thomas Butterworth plead guilty to taxi passenger assault

Two mates had been drinking on the Whitsunday’s glitter strip when their night out turned into a nightmare for one taxi passenger. Here’s what happened.

Jay Thomas Butterworth pleaded guilty in Mackay District Court to assaulting a man at a taxi rank.

Traumatic news about a baby’s real father and a “highly disadvantaged upbringing” were given as contributing factors for why two young Whitsunday men violently assaulted a man at a taxi rank.

Bradley Andrew Hare, then aged 29, and Jay Thomas Butterworth, then 26, had been drinking in Airlie Beach on the night of July 29, 2022, Mackay District Court heard on Friday.

Crown prosecutor Monique Sheppard said when a taxi pulled up at the Shute Harbour Rd taxi rank, Hare opened the back door to put the highly intoxicated Butterworth in the back seat.

But another man, a 61 year old who had been out celebrating a birthday party, opened the cab’s front door, sparking an argument between both parties.

Ms Sheppard said the taxi driver confirmed the cab was not for Hare and Butterworth, after which the older man said, “This is my cab, f--k off, get out” and then pushed Hare in the face with an open hand.

Judge John Allen said he accepted this was “provocation” but it “fell well and truly short of anything which could possibly excuse or justify what was to follow”.

CCTV footage played in court shows Hare punched the man’s face and grabbed his shirt while Butterworth threw two punches, one to the back of the man’s head.

Hare then knocked the man to the ground while Butterworth tried to leave in the taxi but the driver refused.

Jay Thomas Butterworth pleaded guilty in Mackay District Court to assaulting a man at a taxi rank.

Judge Allen said the man then tried standing but Hare put him in a headlock before kicking him in the head.

Both Hare and Butterworth then looked at their victim unconscious on the ground before congratulating each other.

Ms Sheppard asked Judge Allen to consider Hare’s “level of remorse”, as he laid the blame on the victim when police officers arrived at the scene.

Butterworth by that point was passed out in the bushes.

Judge Allen said the victim suffered “very significant’ physical, psychological and financial harm. He required surgery for cheek and nose fractures and had to dip into his superannuation to get by.

Barrister Joshua Morris, appearing for Hare and instructed by PD Law, said his client became an alcoholic after learning a one-year-old boy was not actually his biological child.

Mr Morris said Hare moved to Airlie Beach from Tweed Heads for a fresh start but he drank to cope with his grief.

He said Hare was attending alcohol and psychological counselling to combat his generalised anxiety disorder and depression and he took “full responsibility” for his actions.

He added Hare had moved back to Tweed Heads.

Barrister Scott McLennan, appearing for Butterworth and instructed by Barron and Allen, said Butterworth had a “highly disadvantaged childhood”, having never met his father and his mother dying when he was 14.

Mr McLennan said Butterworth, who grew up in Proserpine, began using methamphetamines, which lead to drug-induced psychosis.

He said Butterworth had abstained from meth and started medication for his mental illness before the assault but only realised he had an alcohol problem, which played a “significant role” in his offending, afterwards.

Mr McLennan argued Butterworth, who was attending Alcoholics Anonymous twice a week, had caused bodily harm but his actions were less serious than Hare’s.

He said Butterworth had a supervisory role at a scaffolding company, financially supported his partner and 11-month-old daughter, and had offered $1000 compensation to his victim.

The court heard both co-accused had criminal records.

At the time of the attack, Hare was subject to a community corrections order for affray and Butterworth had only days before completed parole, after being sentenced for wilful damage, evading police, possessing dangerous drugs, and assaulting police.

Both men pleaded guilty to assault occasioning bodily harm in company.

Hare was given 18 months jail, suspended after three months with an operational period of two years.

Butterworth received 18 months’ jail with immediate parole, with his operational period extended to March 15, 2024.