Ben Irwin and Joel Heuer sentenced for Toowoomba pub brawl

Two strangers came together to viciously beat and rob a passer-by while he waited for his Uber outside a Toowoomba pub.

Joel Connor Heuer and Benjamin James Irwin pleaded guilty to assault and stealing in Toowoomba District Court on December 5. Picture: Instagram

A five-second conversation was all it took to ignite a vicious brawl between three strangers outside a Toowoomba pub.

Benjamin James Irwin, 23, and Joel Connor Heuer, 21, pleaded guilty before Toowoomba District Court on December 5 to one count each of assault occasioning bodily harm in company and stealing following the assault on a 23-year-old man last year.

Crown prosecutor Peter Blake-Segovia told the court the men had never met each other, nor their victim, until the night of the attack – which was seemingly sparked by an encounter with Irwin’s former friend.

“Mr Irwin grabbed (his former friend’s) wrist and (the 23-year-old man) intervened at this stage,” Mr Blake-Segovia said.

Mr Blake Segovia added Irwin had called the man a “b***h” and a “p***y”, claiming he would “smash him in a fight”.

Irwin was escorted off the premises and the man and his former friend left, exchanging brief words as they passed.

Later that evening, the 23-year-old man was waiting for an Uber alone when he saw Irwin on the street.

“After five seconds of a verbal altercation, Mr Irwin grabbed (the man) around the throat with both his hands, there was a brief wrestle and Mr Irwin threw (the man) to the ground,” Mr Segovia said.

“He tried to wrap his arm around his head in a headlock.

“He called out to Mr Heuer with words to the effect of ‘get him’.

Joel Connor Heuer. Picture: Instagram

The pair, who were not friends, then punched and kicked the man as Irwin held him down, striking blows to his abdomen, head and face.

Leaving him beaten in the dirt, they stole their victim’s phone and beanie before leaving the scene.

Following the incident, the man was treated for a fractured nose and minor lacerations.

“It was an unprovoked attack late at night in a public place … and the complainant required brief hospitalisation treatment,” Mr Blake-Segovia said.

“It was, in my respectful submission, cowardly offending.”

Irwin further pleaded guilty to one count of common assault while Heuer also pleaded guilty to two counts of possessing dangerous drugs.

Barrister Jessica Goldie said Heuer had suffered a traumatic upbringing and was struggling with his mental health at the time of the offending.

“He describes the current offending as being a bit of a wakeup call for him,” Ms Goldie said.

“He had recently lost employment and suffered the breakdown of his relationship.

“He was binge drinking and taking drugs in the lead up to the current offending which isn’t an excuse but provides context.”

Since his arrest, Ms Goldie said Heuer had made strides to turn his life around and was now clean from drugs.

“He’s got a really positive outlook on his life moving forward,” she said.

“He does meet the criteria for severe depressed mood, anxiety as well as trauma symptoms which shows he is someone who would really benefit from counselling.”

Barrister Wesley Seewald said Irwin now deeply regretted his action.

“He has commented previously, he wishes he never walked out of his home that night,” Mr Seewald said.

“He was stupid, he feels sick, it turns his stomach as to what he did.

“He wants to do whatever he can to change.”

Mr Seewald also stressed Irwin had suffered a significantly “disadvantaged” upbringing but was on his way to rehabilitation.

“He tells me that he has been abstinent from alcohol for approximately nine months,” he said.

“He knows alcohol brings out the worst in him.”

Judge Nicole Kefford sympathised with the struggles faced by both men but warned them to choose a better path.

“You’re both young, you’ve both had unfortunate challenges that have already presented themselves to you in your young lives, significant challenges.

“The important thing though is what you do about it.

“No doubt the threat of potential actual imprisonment for this violent offence hanging over your head has caused you to reflect on where you are heading in life.”

Irwin and Heuer were both sentenced to 15 months imprisonment, suspended for two years, and ordered to serve two years’ probation with all convictions recorded.

Heuer’s one day in custody following his arrest was declared time served.

Both men were additionally ordered to complete psychological assessments and therapy as directed by correctional services.