Kyle McBrearty, Brooke Stanbury and Luke Tooes in Gosford Court after a brawl at Sirens nightclub
It's a classic story – your mate gets denied from a nightclub, you argue with security and find yourself banned too. A similar situation for three mates outside Sirens in Terrigal has landed them in Gosford Local Court.
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A brawl outside Sirens nightclub in Terrigal has landed three mates in Gosford Local Court.
Kyle McBrearty, of Forresters Beach, Brooke Stanbury, of Bateau Bay, and Luke Tooes, of Tumbi Umbi, appeared at court this week with McBrearty pleading guilty to common assault and Tooes and Stanbury pleading guilty to resisting an officer.
Their defence lawyer stated the trio had no criminal history, were of good character and embarrassed at their behaviour outside the popular club on January 11, 2020.
Court facts state McBrearty, 21, Stanbury, 21, and Tooes, 22, were out celebrating a friends birthday when they decided to line up for Sirens nightclub around 11pm.
When they made the door, the security guard refused to let their friend enter as he did not have the right identification. McBrearty approached the guard and said, “What are you going to do about it c**t?”
The guard then banned McBrearty from entering the club and pushed him back.
McBrearty lashed out and punched him and the pair then wrestled on the ground as more security raced out.
When police arrived, the scuffle was continuing and when they tried to pull McBrearty off the security guard, then Tooes and Stanbury weighed in and tried to pull the guard off their mate.
Police wrestled with Tooes before he fled, however was arrested a short time later.
Stanbury had to be pulled out of the scuffle as she tried to pull officers away from her boyfriend.
McBrearty was eventually handcuffed and laughed at the security guard saying, “I’m an idiot, yeah I hit him just cause”.
Tooes summed it up by telling police, “I don’t know what I was doing. I was always taught if your mate is in a fight you go in to help him no matter what”.
McBrearty’s defence said he punched the security guard because he called him a “fat c**t”, however admitted he should have walked away instead of reacting.
Magistrate Alan Railton said while it was a one off incident for McBrearty, it was a “serious one off” and reminded him how lethal one punch attacks can be.
“You started it and it was a cheap shot,” he said.
“You are very fortunate nothing more serious happened here. Alcohol and testosterone is a terrible combination.”
Mr Railton said it was disappointing to see young people come to court for the first time, however took into account that Stanbury and Tooes didn’t start the fight and were trying to help their mate.
McBrearty was convicted and fined $1500 while Tooes and Stanbury walked away with a good behaviour order for 12 months with no conviction recorded.