Joshua Michael Barnes sentenced for fifth assault at Rockhampton pub
A heavy machine operator with a violent record has run out of chances after punching a stranger at a pub concert.
Police & Courts
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A young miner has fronted court for his fifth alcohol-fuelled assault in two years.
Joshua Michael Barnes, 23, claims that since the latest assault, he has engaged in counselling, Rockhampton Magistrates Court heard on July 25.
Police prosecutor Kathryn Walker said Barnes was at the Great Western Hotel on December 28 when, about 10.30pm, he leaned on the back of the victim’s neck while standing in a crowd watching a concert.
She said the victim turned around and asked Barnes if he was OK to which Barnes aggressively responded that he was fine.
Ms Walker said the victim resumed watching the concert, facing the stage, and moments later again felt Barnes push on his back.
She said the victim began to turn around to talk to Barnes again when Barnes punched the left side of his face.
“The victim felt a sharp pain and dizziness,” Ms Walker said.
The men were separated and both removed from the venue by security.
Ms Walker said Barnes was identified by CCTV leaving the venue.
She said when police spoke with him in May, he told them he didn’t recall the assault due to his level of intoxication.
The court heard Barnes had a one-page criminal record with sentences for violence in 2023 and 2024.
Acting Magistrate Stephen Byrne said those involved Barnes being sentenced for two assaults occasioning bodily harm and a common assault in September 2023 where he was put on probation for two years.
He said Barnes was then sentenced in November 2024 for an assault occasioning bodily harm he committed in July 2024, and he was given another two-year probation order.
“(Barnes is) just not getting the message,” Mr Byrne said.
Defence lawyer Samantha Legrady said Barnes was Rockhampton-born and raised and had been undertaking counselling with Lives Lived Well for three weeks ahead of this sentence, which was the first time he had started rehabilitation and hadn’t drunk alcohol since police spoke with him about this latest assault.
She said her client had written an apology letter to the victim, and she provided that, along with two reference letters, to the court.
She also said Barnes had worked as a heavy machine operator at mines since he finished Year 12 and offered to pay $1000 compensation to the victim.
Mr Byrne said this was Barnes’ fifth offence for violence in the past two years before the courts.
He said Barnes struck the victim for no apparent reason and was fortunate he didn’t injure the victim.
Barnes pleaded guilty on July 25 to one count of common assault and was sentenced to two-months’ prison, wholly suspended with a 12-month operational period and ordered to pay $1000 compensation.
A conviction was recorded.
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