Johnathan Charley in court for assault occasioning bodily harm

A young labourer who fell onto the roof of a carport along with his assault victim has faced court, while police still search for another suspect in the case.

Johnathan Charley pleaded guilty to assault occasioning bodily harm and common assault when he faced Maryborough Magistrates Court this week.

An assault on a man in his home saw the victim and one of the perpetrators fall over a railing onto a carport before another man was knocked unconscious during the attack.

Johnathan Charley, 21, pleaded guilty to assault occasioning bodily harm and common assault when he faced Maryborough Magistrates Court this week.

Police prosecutor Balam Selvadurai said on the night of the incident in June 2023, Charley was with two other men, one who was a co-offender who had been sentenced and another who was still outstanding as a suspect.

The victim was in the front yard of his home when Charley and the two other men arrived, Sergeant Selvadurai said.

The two other men chased the victim around the house then up some stairs.

Johnathan Charley pleaded guilty to assault occasioning bodily harm and common assault when he faced Maryborough Magistrates Court this week.

The victim told the men he had called the police and to “f**k off”, Sgt Selvadurai said.

After following the victim up the stairs a “melee” broke out, Sgt Selvadurai said.

As a result, the victim and Charley both went over a railing, falling onto the roof of a carport.

Charley, his co-offenders and the victim then “continued to engage in the scuffle”.

When another man inside the house heard the commotion outside he came out and got involved.

Multiple punches were thrown and at one point the second victim lost consciousness, the court was told.

Sgt Selvadurai said there were no specifics as to which defendant knocked the victim out.

He said one co-offender had been dealt with in Maryborough while the other was still outstanding.

Police spoke to the victims, with one of the victims suffering from soreness, bruising and fatigue in relation to his injuries.

Sgt Selvadurai said Charley was not the main instigator nor the main party involved in the assault.

The co-offender had been placed on two years' probation and ordered to pay $1000 in compensation and Sgt Selvadurai said he would be asking for the same penalty for Charley.

Maryborough Court House. Photo: Valerie Horton/ Fraser Coast Chronicle.

Defence lawyer Warren Hunter said his client had been in Australia since he was seven, after moving with his family from Vanuatu.

He played rugby league for the Maryborough Wallaroos and was employed as a labourer in the construction industry.

Mr Hunter said there had been a lengthy delay in bringing the charges against Charley, as the offences happened in 2023, and he had been 19 at the time.

Charley had no criminal history, Mr Hunter said.

He said there had been an incident earlier in the night and Charley had gone to the first man’s home to talk to him.

There had been words said, then an argument before Charley followed him up the stairs.

Mr Hunter said there had been a scuffle where they had fallen over a railing onto the roof of the carport, but it appeared there had been no injuries.

He said his client had not been involved in the second assault.

Mr Hunter said Charley had not participated in the assault to the point where the second man lost consciousness.

But he said Charley did accept responsibility for the assault.

He said his client was drunk during the events of that night and now he rarely went out to drink.

Magistrate John Milburn said the facts were disturbing as Charley, along with two others, had embarked on the assault of two people.
“I say that guardedly because the charge is that you have assaulted them.

“That assault can occur in a number of ways, either directly or through a common purpose,” he said.

Mr Milburn said it was apparent to him Charley was not the primary participant in the offending.

But he said the laws that applied deemed him to be as liable as principal offenders, which had a bearing on the sentence he would impose.

Charley was placed on two years probation and ordered to pay $500 in compensation.

No convictions were recorded.

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Originally published as Johnathan Charley in court for assault occasioning bodily harm