Nicholys Dean Horstman bit a man’s nose and stomped on his head at Rockhampton Leagues Club

The victim of a brutal assault at a Central Queensland club said he heard his attacker ‘audibly growling’ as he latched onto his nose with his teeth. Here’s what led to the violent incident.

A judge was surprised there was no banning order application before him when a Central Queensland man with a history of alcohol-fuelled violence at licensed premises’ was being sentenced for biting a man’s nose and stomping on his head.

Nicholys Dean Horstman, 32, pleaded guilty in Rockhampton District Court on August 5 to one count of grievous bodily harm and one of assault occasioning bodily harm.

His criminal record included a common assault conviction for punching a security guard escorting him from a licensed premises in December 2012 and an assault occasioning bodily harm for punching a man several times outside a nightclub in November 2013.

Crown prosecutor Claire Brtevnik said Horstman, and the victim arrived separately at the Rockhampton Leagues Club about midday on August 21, 2021, and watched a football game from corporate boxes next to each other.

“They did not know each other,” she said.

Horstman later told police he had consumed up to 15 beers throughout the afternoon.

Ms Brtevnik said the corporate box section closed at 6pm and the two groups dispersed into other areas of the club about 7.15pm after the games and there was a verbal argument between the two groups with security breaking it up.

Browne Park.

She said the club manager and operations manager tried to de-escalate the situation.

Ms Brtevnik said the victim and two members of his group were asked to leave the venue.

“The defendant told the operations manager he was going outside because ‘these guys disrespected us and we can’t let it slide’,” she said.

“The manager invited the defendant to smoke with him instead, which he did.

“Once the manager thought enough time had passed for the victim and his group to have left the venue, he asked the defendant’s group to leave as well.

“At this time, the complainant and his friends were in a maxi taxi outside the venue while they were waiting for others to get into the cab.

“After waiting for a little while, the victim’s group exited the taxi.”

Ms Brtevnik said Horstman and his group entered the vehicle and the verbal argument reignited.

She said as Horstman’s father, Leslie, was about to enter, the victim punched Leslie and he fell to the ground unconscious.

Ms Brtevnik said a physical fight started and the club’s manager stood in front of the victim to prevent him from getting any closer to Horstman, who was tending to his father on the ground.

She said the victim continued to yell at Horstman, antagonising him.

Ms Brtevnik said Horstman walked up to the victim and put him in a headlock.

“He bit the victim’s nose and they both fell to the ground before he released his grip,” she said.

“The victim heard the defendant audibly growling while he bit him.”

Ms Brtevnik said people pulled Horstman off the victim and the victim lay on the ground with the manager and a friend.

Horstman stomped on the victim’s head about two minutes later and the victim ran away from the venue.

Nicholys Dean Horstman bit a man’s nose and stomped on his head at Rocky Leagues Club

He was located by police on the side of the road and transported to hospital.

The victim sustained lacerations to his nose and lip which had to be stitched, and a fractured cartilage.

He also had grazing and swelling on the side of his face from the stomping.

“Had his facial injuries not been treated, they would likely have caused serious disfigurement,” Ms Brtevnik said.

She said Horstman, when talking with police on a later date, claimed he could not recall biting the victim on the nose.

Defence barrister Maree Willey said the operations manager’s statement expanded on what happened that night including the victim lifting up his shirt and pointing to tattoos on his stomach and saying “you know what this means?” and “these boys will do anything I tell them with a click of a finger”.

She said the manager’s statement also stated the victim threatened to kill the operations manager who was holding him back from the defendant.

Ms Willey said when the victim broke free of the operations manager’s grip, he didn’t go back to his own group, but walked around the taxi to where both Horstman men were on the ground.

She said that was when her client carried out the headlock and bite.

Ms Willey said the whole taxi incident took place over the course of six minutes.

Ms Willey said her client had to leave his employment with Blue Diamond Constructions after this incident to look after his father’s business due to his (Leslie’s) “difficulties he had by way of the assault” as the victim’s punch hit him in the head and he “ultimately suffered a fairly serious injury to his head”.

She said since the incident, Horstman no longer drank in public and he was not someone who drank alcohol daily.

Judge Jeff Clarke commented most people would feel pretty “rubbish” after consuming 14-15 beers.

He then asked if Horstman considered he had a problem with alcohol or anger management.

Ms Willey said her client had not done any alcohol counselling but had taken steps by staying home when drinking due to his behaviour while drinking on the three occasions that led him to being before the court.

She said Horstman couldn’t bring himself to watch the CCTV of the incident at the Leagues Club out of shame and couldn’t believe he acted that way.

Judge Clarke questioned if there was a banning order in place since the incident, or a request the court make one.

The court heard there was no banning order, or a request for one to which Judge Clarke responded “seriously?”

Judge Clarke described Horstman’s actions as “barbarism”.

“It’s incredibly hard to fathom that you would have acted in this way,” he said.

Judge Clarke sentenced Horstman to 2.5 years prison, wholly suspended and operational for four years.