Robert William O’Donnell in court for assault
A violent attack on a security guard at a Hervey Bay hotel has earned the ire of a magistrate, who said she had considered sending the attacker to jail.
Police & Courts
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A magistrate has considered sending a father of three to prison after a court heard of his violent attack on a security guard at a Hervey Bay Hotel.
Robert William O’Donnell pleaded guilty to common assault when he faced Hervey Bay Magistrates Court last week.
The court heard O’Donnell had violently assaulted a security guard at the Torquay Hotel.
Magistrate Trinity McGarvie said she was considering a term of imprisonment because the Penalties and Sentences Act had recently been amended to reflect the fact that it was an aggravating circumstance if someone was assaulted while at their workplace.
Duty lawyer Virginia Ukpabi said she accepted that was an aggravating factor.
She said there had been minimal injury to the security guard and O’Donnell had stopped drinking as a result of the incident.
Ms Ukpabi said O’Donnell had been employed as a plasterer for the past 16 years and had been running his own business for the past seven years, describing him as a person of good character.
She said O’Donnell was a married father of three.
“He recognises that alcohol has been his downfall and it’s all contributed to his criminal history, which is why this has been a big wake up call for him, especially at his age, to make more positive changes for him and his family.
“He’s gone cold turkey on alcohol and instructs he will reach out for continued support around that.”
Ms McGarvie said she had been considering a term of imprisonment because his offending was serious.
“People in their workplaces, security guards at licensed premises, have a really difficult job to do and that job is about ensuring the community is safe, that people who are at those licensed premises don’t have to fear violence,” she said.
“When those security officers are at their workplace doing their job lawfully, they shouldn’t be assaulted by someone who is intoxicated and thinks it's appropriate to punch them repeatedly in the face, causing their lip to be split, and shouldn’t be pushed over by that person.
“They are entitled to be safe in their workplace.”
But Ms McGarvie acknowledged O’Donnell was contributing to the community, hadn't been before the court since 2018 and was taking steps to stop using alcohol.
O’Donnell was placed on 18 months probation and ordered to complete 40 hours of unpaid community service work.
A conviction was recorded.
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Originally published as Robert William O’Donnell in court for assault