Toby Mitchell a bikie ‘enforcer’, police claim

Toby Mitchell has pleaded guilty to assaulting an acquaintance and punching a homeless man – who ended up knocking the bikie boss out.

Toby Mitchell has faced court over two separate incidents.

Bikie boss Toby Mitchell has been labelled an “enforcer” who thinks he is above the law as the prosecution push for him to be jailed over two separate street attacks, including one where he ended up knocked out by a homeless man.

Police prosecutor Geoff Adams told Melbourne Magistrates Court on Thursday the president of the notorious s outlaw motorcycle gang had a history of violence.

“The accused just believes that he can go about his life and not worry about the law,” Sgt Adams said.

“He’s acting as though he’s the enforcer.”

CCTV played in court showed the moment Mitchell, 44, approached an unknown man, described by Sgt Adams as looking “like a local street person” sitting alone at Queensbridge Square in Southbank about 3am on November 15.

As Mitchell’s mates tried to hold him back, he persists and aggressively throws punches at the man.

Toby Mitchell is a former kickboxer. Picture: Instagram.

But the former champion kickboxer who has survived being shot ended up coming off second best, with his victim jumping to his feet and fighting back.

Both men could be seen swinging punches through the air, before the homeless man landed a fist to Mitchell’s jaw, causing him to fall to the ground.

Mitchell’s associates ran in and pulled him to his feet before dragging him away from the scene.

The heavily-tattooed bikie was already on bail at the time over another drunken assault on a man outside Gilson cafe on Domain Rd in South Yarra on October 4.

Mitchell, appearing in court via videolink, pleaded guilty to two counts of unlawful assault, which carries a maximum penalty of three months jail.

Mitchell will be sentenced later in the week. Picture: Jay Town

Sgt Adams said it was only by “sheer luck” for Mitchell’s victim that the bikie boss had “a glass jaw” — referring to the boxing term that relates to a person who can’t handle a chin punch — otherwise the fight would have continued.

He said the video shows Mitchell was “out for blood”.

“The prosecution’s position is the only course of action that is open to your honour is a term of imprisonment to give a clear indication to the accused this behaviour is not acceptable,” Sgt Adams said.

But lawyer Damian Sheales, for Mitchell, downplayed the offending, saying it was worthy of being punished by a fine.

He said the prosecution’s suggestions jail was the only appropriate sentence would be “inviting the court to fall into error”.

“Slapping a person three times with an open palm where there are no injuries suffered (does not warrant jail),” Mr Shields said, referring to the South Yarra incident.

He also added Mitchell knew the man and they had been drinking together, so it wasn’t a random stranger.

He acknowledged the Southbank melee was more serious, but said “there’s no doubt there was a poetic justice in relation to how it ended up”.

Acknowledging the media interest in the case, Mr Sheales said the offending was not interesting, but it was Mitchell’s notoriety that attracted attention.

“It’s disappointing in offending of this nature that the prosecutor in his sentencing submissions seeks to inflame it by using a term like enforcer,” he said.

“It is absurd to in any way characterise this offending as such.”

Mr Sheales said an alternative to a fine would be to place Mitchell on a good behaviour bond, requiring him to do anger management and alcohol abuse courses.

Magistrate John Bentley said he was considering a community-based order with therapeutic conditions.

“He clearly needs to address anger management issues,” Mr Bentley said.

He booked Mitchell in to be assessed for a community correction order on Friday, and will sentence him on Monday.