Grant James Gavin pleads guilty to one-punch assault in McDonald’s drive-through

A man told his victim to “pull over for a fistfight” before catching up with him and unleashing violence in a nearby McDonald’s drive-through. FULL DETAILS

A man has avoided time behind bars after punching another man in the face in a McDonald’s drive-through after a wild road rage confrontation.

Southport Magistrates Court was told Grant James Gavin, 39, was driving behind his victim’s car along Logan River Rd at Holmview on July 21 last year, flashing his headlights and honking his horn in an attempt to overtake.

Prosecutor Gavin Reece said the other driver raised his middle finger in response, prompting Gavin to pull up beside him and yell at him to “pull over for a fistfight”.

Mr Reece said the other man continued driving and pulled into a nearby McDonald’s drive-through, where Gavin soon caught up to him.

Gavin walked into the drive-through and approached the man’s vehicle, punching him once in the face before leaving. His victim suffered swelling and bruising to his lip.

Mr Reece told the court that Gavin had prior convictions for violence – including affray and common assault – on his criminal history.

Grant James Gavin.

Defence solicitor Farshad Sarabi, of Hannay Lawyers, argued his client had caused only minor injuries and should walk away with a fine.

Mr Sarabi said Gavin worked casually as a labourer while caring full-time for his daughter with disabilities, and had begun working with a psychologist.

“My client didn’t just decide to go and punch someone in the face, Your Honour,” he said.

“The complainant and he had argued for some couple of hundred metres and thereafter have subsequently met at this McDonald’s drive-through.

“He regrets his offending – he shouldn’t have punched this man in the face.”

Magistrate Joan White described Gavin’s conduct as “disgraceful” and “absolutely outrageous” during proceedings, saying road rage incidents were “viewed very, very seriously” by the courts.

Ms White said Gavin’s criminal history and latest offending went beyond a fine, but that the steps he had already taken meant there was little to be gained by actual time in custody.

Gavin pleaded guilty to one count of assault occasioning bodily harm.

He was sentenced to three months’ jail, wholly suspended for two years.