Guilty plea: Botched hit triggered ex-bikie Toby Mitchell to attack
FLASHBACKS to when he was shot in a botched hit triggered former Bandidos bikie Toby Mitchell to attack a man and stomp on his head, a court has heard.
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FLASHBACKS to when he was shot in a botched hit triggered former Bandidos bikie Toby Mitchell to attack a man, stomping on his head, a court has heard.
A gold-toothed Mitchell, 43, today faced Melbourne Magistrates Court where he pleaded guilty to an unlawful assault at a Southbank restaurant in December.
The gangland figure's lawyer Theo Magazis said Mitchell suffered PTSD and when the victim took off his jacket and “shaped up” to him outside Leftbank bar, it sparked memories of the attempt on his life in 2011.
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“You’ve got a victim of a horrendous shooting who suffers PTSD,” Mr Magazis said.
Mitchell spent months in hospital after he was shot five times outside Doherty's Gym in Brunswick in November 2011.
He was on life support for weeks and had half a kidney removed. Mr Magazis said Mitchell was diagnosed with PTSD following the shooting and it “still plays on his mind when he is confronted with a vulnerable situation”.
Mitchell had been out drinking with his friends at Leftbank when two drunk men directed vile abuse towards girls in his group.
One of the girls complained to the manager and the men were asked to leave. Outraged, the patrons hurled abuse at Mitchell, who approached and pushed one of them, knocking him to the floor with a single punch.
CCTV footage then showed him stomping on the man’s head as he lay on the ground.
Mr Magazis said Mitchell had not long been released from prison for drug and weapon offences and was yet to connect with services as part of his CCO to treat his PTSD.
He said no treatment was provided in the 20 months he was in jail. In the six months since the assault, Mitchell's progress was "highly positive", complying with the CCO and attending all appointments.
Police pushed for the ex-bikie enforcer to be locked up, dismissing suggestions it was self defence.
“Generally a term of imprisonment would be the starting point, particularly offending that’s occurred at licensed premises,” prosecutor Ross Fitzgerald told the court.
But magistrate Johanna Metcalf disagreed.
She said she had watched the CCTV footage, adding: "I accept the accused was not the instigator of this altercation".
There was "a degree of tormenting" of Mitchell and his companions by the victim, she said.
She sentenced him to an 18-month CCO, in which he will have to undergo 250 hours of unpaid community work, as well as drug, alcohol and mental health treatment.
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