David Kekere Dou sentenced for Maroochydore assaults

An employee of a popular Mooloolaba restaurant could be deported after he was sentenced for sickening assaults on a popular nightclub stretch, a court has heard.

A Mooloolaba bar and grill worker’s woes could continue with the prospects of deportation after he was sentenced in court for a sickening assault.

David Kekere Dou was handed a 12-month prison sentence with immediate parole on Thursday after he pleaded guilty to four offences including two counts of assault occasioning bodily harm and two counts of affray.

The court heard Dou was involved in a fight near the Big Top Shopping Center on September 16, 2021 when he delivered a shocking blow to a man previously involved in the scuffle.

Police prosecutor Mark Burrell said Dou delivered a forceful punch to the victim and knocked him unconscious on a roundabout.

CCTV footage showed the man quickly falling and lying motionless on the ground.

The court heard a shirtless Dou appeared agitated and aggressive prior to the punching attack.

“You’re the one looking for an incident, you’re the one that was the most agitated and aggressive and looking to assault someone which you did,” Magistrate Haydn Stjernqvist said.

“That person … was just standing there alone and wasn’t expecting the punch which you delivered with such force that he fell over and rendered him unconscious.

“Job done. Satisfied.”

The court heard Dou also tried to fight a group outside the Peak Wine Bar, Ocean St on the same night.

Senior constable Burrell said the 21-year-old was on bail for another punching attack that happened at the Duporth Tavern on July 18, 2021.

Constable Burrell said Dou punched a man four times during the attack and caused facial injuries.

He said prison time was inescapable for the “alcohol fuelled violence” and suggested a 12 to 15-month prison sentence with actual time to be served.

Constable Burrell said while the victim of the Big Top carpark attack was involved in the earlier fight he had stepped away.

“He was almost acting as a peacemaker at that point,” he said.

The court heard if given a prison sentence of or above 12 months the Papua New Guinea national would face possible deportation processes.

Constable Burrell said the possibility of deportation shouldn’t overbear Mr Stjernqvist’s decision.

Solicitor Ben Rynderman asked Stjernqvist to consider Dou’s possible deportation as a “relevant factor”.

“To quote your honour it is undoubtedly correct in an appropriate case the prospects of deportation may be a relevant factor personal to the offender to be considered in mitigation of sentence,” he read from a 2016 court of appeal decision.

Mr Rynderman said the victims of the assaults suffered minor injuries.

“The medical material before your honour indicates that fortunately for both my client and the complainants involved the injuries sustained as a function of this bodily harm, which would extend to just short of grievous bodily harm are very minor in the circumstances,” he said.

He said the 21-year-old had no criminal history, worked full time at Mooloolaba’s Psari Bar and Grill, had undertaken counselling and displayed clear remorse with his early guilty plea and offer of compensation.

Mr Rynderman said the victim of the Big Top attack had been involved in the fight and suggested a nine-month prison sentence with an immediate parole release date.

Mr Stjernqvist said he didn’t wish to alter his sentence to keep Dou away from scrutiny of the immigration department.

“For the record it would be absurd to not impose what I deem to be an appropriate sentence and to impose something less just to avoid something that might happen,” he said.

He considered Dou’s “timely” plea of guilty, young age, lack of history and offer of compensation.

Mr Stjernqvist said there was a need to deter others and said actual imprisonment wasn’t out of range.

The sentence means Dou could be liable to deportation.