Jamison Richard Jansen sentenced in Macksville court for Nambucca Golden Sands tavern fight
A Mid-North Coast apprentice has been spared a conviction after getting involved in a tavern fight and busting back in through an emergency exit despite being kicked out by security.
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A Mid-North Coast apprentice has been spared a conviction after getting involved in a tavern fight and busting back in through an emergency exit after being kicked out by security.
Jamison Richard Jansen pleaded guilty to a charge of affray which in legal terms refers to the act of fighting or creating a disturbance in a public place that puts others in fear.
Jansen, from the coastal area of Stuarts Point in Nambucca Heads, appeared in Macksville Local Court for sentencing on Thursday, supported by his father.
His lawyer Hugo Schleiger told the court Jansen, 22, had been provoked and pushed by another person on the night of the incident.
“There could be an argument of self defence but he (Jansen) pleaded guilty,” avoiding the need for a hearing Mr Schleiger said.
According to court documents Jansen was at the Golden Sands tavern on the night of April 11 drinking in the downstairs area when he was asked to leave just after 10pm due to his level of intoxication.
As he walked upstairs past the main bar and towards the exit a small group followed him and there was some disagreement between Jansen and another man and the two had to be separated.
Jansen left but one minute later he walked straight back in and confronted the man he had tussled with previously and the pair had to be separated again.
After being escorted out by security guards Jansen got back into the tavern around 11pm through an emergency exit according to court documents.
The man he had been fighting with previously then approached Jansen, ran into his chest forcing him to fall backwards onto a chair where a woman was seated.
The pair then started “trading punches” according to police documents before they were separated once again.
Police were called this time and when they got there around midnight they saw him outside the tavern, holding an open can of alcohol in a heated argument with several patrons who were leaving the venue.
He was placed under arrest and by the time they got him to the police station he had sobered up enough to be charged with affray.
Jansen was also issued an infringement notice for being an excluded person entering a premises.
During sentencing it was heard that Jansen was an apprentice electrician living with his parents and according to Mr Schleiger the incident was out of character but also a “wake up call”.
“He has rethought the influences of alcohol and doesn’t want to be in that position again.”
Mr Schleiger urged magistrate Theresa Hamilton not to record a conviction
“I’m asking for a one-time chance to avoid conviction and have a conditional release order,” Mr Schleiger said.
Ms Hamilton said “his main fault was that he kept coming back and continued the animosity”.
Ultimately she granted the request to not record a conviction, instead placing him on an 18-month conditional release order to be of good behaviour.
“And if there is no further offending there will be no conviction recorded,” Ms Hamilton explained.
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Originally published as Jamison Richard Jansen sentenced in Macksville court for Nambucca Golden Sands tavern fight
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