Dyon James Blyth pleads guilty to common assault at Sarina

A young man gave a thumbs up outside court after he was banned from every pub and club in the state over a drunken incident at a bottle shop.

A boozed-up Sarina man has been banned from every pub in Queensland and narrowly avoided a jail term after he put a bottle shop worker in a headlock and tried to “dack” her when he was refused service.

It was not the first time Dyon James Blyth had been arrested for his bad drunken behaviour but Magistrate Bronwyn Hartigan said it had better be the last if he wanted to avoid a jail term.

The 24 year old has also been banned from any licensed venue in Queensland for 12 months.

Dyon James Blythe gave a thumbs up after facing a Mackay court for common assault and was banned from ever pub and club in the state.

“That means you cannot go to any pub, any club or any bottle shop,” Ms Hartigan said.

Mackay Magistrates court heard Blyth had gone to the Sarina Hotel bottle shop drive-through about 5.18pm when the victim, a former friend he had not seen in two years, had been working.

The court heard Blyth asked for a carton of pre-mixed rum and tried to give her a hug, which she did not return.

Prosecutor David Epstein said Blyth then “grabbed the victim in a headlock” and began roughing up her hair with his hand as she said “let me go”.

The court heard she refused to sell Blyth alcohol because he was too drunk, to which he said “I’ll dack you” and grabbed her pants, trying to pull them down.

“That behaviour is very serious in my view,” Ms Hartigan said.

Blyth pleaded guilty to common assault in a public place while adversely affected.

Solicitor Peter Clark, of Strutynski Law, said his client knew he had alcohol issues and had been receiving counselling sessions at Lives Lived Well, as he suggested community service as the penalty.

“Personal deterrence is needed for him, I’m seriously considering a period of imprisonment albeit wholly suspended,” Ms Hartigan said.

“Because he has a shocking history and he’s not a particularly young person.”

The court heard he had entries for assault occasioning bodily harm and being a public nuisance and had been on probation at the time of this offending.

Ultimately, Ms Hartigan decided on a lengthy probation order because Blyth had sought counselling.

“If you do not want to end up in jail you need to … address your alcohol problem,” she said.

Blyth was given two years probation, 40 hours unpaid community service and the 12-month banning order.

A conviction was recorded.