Mackenzie and John Stirling: Siblings in court over Dubbo brawl

A brother and sister who triggered a fight which left a man knocked out cold are claiming they were worried about their own safety while bullying led to the first punch being thrown.

A fed up Dubbo teenager who claims she was repeatedly tormented by a group of men has told a court safety fears led her to assault one of the men and make a desperate request for help which could end up landing her brother in jail.

Mackenzie Stirling, 19, and her brother, Cobar man John Stirling, 22, faced Dubbo Local Court on Monday after they were charged over a brawl which took place opposite Dubbo’s Pastoral Hotel in the early hours of August 22 last year.

Mackenzie Stirling. Picture: Instagram/_mackk

Ms Stirling pleaded guilty to one count of common assault after CCTV footage played in court showed her walking up to three men and punching one of them on Carrington Avenue.

Mr Stirling has pleaded guilty to three assault charges and one count of affray for his main role in a brawl which started after his sister laid the first punch.

The siblings gave evidence in court after police presented CCTV footage which also highlighted Mr Stirling’s one-punch attack which left one man laying motionless on the footpath and knocked out cold for about 15 minutes.

Ms Stirling told the court she was walking with her brother and a group of people, about 30 metres ahead of the men, when they started yelling out abuse to her.

“I’d been called awful names, I’d been called a slut,” she said.

“I’d previously been harassed multiple times by the same guys.”

“They said they were going to walk up and bash me. I had a purpose to defend myself, I had been provoked and I didn’t want to be hurt.”

After being allegedly provoked and asked to turn around and speak with the men, Ms Stirling said she approached the group and hit one of the men.

“Every time I’d gone out, it’d always been rude, snarly comments or name calling.

“It’d been going on for weeks beforehand and I had just snapped because I had enough. I just retaliated in not a very responsible way … I clearly wasn’t thinking straight.”

Cobar man John Stirling. Picture: Facebook/John Stirling

Ms Stirling said a fear “something more was going to come of it” prompted her to request help.

“I yelled out to my brother for help, I said ‘can you help me Johnny’,” she told the court.

Mr Stirling told the court the men made snide remarks to him before the fight and he was “scared someone was going to hurt my little sister”.

“I didn’t really know what was going on, all of a sudden she’d thrown a punch and yelled out for help,” he said.

“I didn’t know these boys or what they were capable of or going to do. I didn’t mean to hurt anyone the way I did, I had no control, I just blacked out.”

In response to a question from police prosecutor Sergeant Edward Knight, Mr Stirling said he was on bail with a condition to be of good behaviour when he attacked the men.

“Seems like you paid lip service to that condition,” Sergeant Knight said.

The court heard Mr Stirling was sentenced to a community-based prison term, in the form of an intensive corrections order, for drug supply after the brawl took place.

Dubbo Local Court. Picture: Jedd Manning

Sergeant Knight asked Mr Stirling if he disclosed his role in the brawl when he narrowly avoided jail time for the drug supply and Mr Stirling said he did not.

Mr Stirling showed “callous disregard” for the man he knocked out when he continued to assault other men afterwards, Sergeant Knight said.

“Too often the community has to put up with alcohol-fuelled violence from young men,” he said.

The court heard Ms Stirling had a good record and worked two jobs at a licensed premises and a cafe.

Mr Stirling had sought support for mental health issues and been given a wake up call after spending two nights in custody following his arrest for the brawl, the court heard.

Magistrate Gary Wilson convicted Ms Stirling and fined her $1000.

He said more time was needed to consider Mr Stirling’s punishment and set a date in April for sentencing.

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