Brick layer guilty of bloody pub assault at girlfriend’s granny’s 60th in Toowoomba

A tradesman has walked free from court after being sentenced for punching an unconscious man, breaking his jaw, at a Toowoomba pub while celebrating his girlfriend’s grandmother’s 60th birthday.

Samuel Malcolm Kelso leaving the Toowoomba District Court after pleading guilty to the serious assault of a Toowoomba man at the Irish Hotel.

Footage of a violent assault that left a man unconscious and bleeding on the floor of a Toowoomba pub was played to a Toowoomba courtroom when the aggressor was ultimately sentenced to a good behaviour order.

Brisbane radesman Samuel Malcolm Kelso was sentenced to a three-year suspended jail term at the Toowoomba District Court on Monday, October 28, after pleading guilty to assault causing grievous bodily harm.

The court heard the 22-year-old Bracken Ridge man did not know the victim, however they had both been drinking at the Irish Hotel on February 11, 2023, when the assault occurred outside the men’s bathroom in a corridor of the establishment.

Kelso, who had no criminal history, was at the pub with his partner’s and employer’s family celebrating a 60th birthday party.

Samuel Malcolm Kelso leaving the Toowoomba District Court after pleading guilty to the serious assault of a Toowoomba man at the Irish Hotel.

The court heard the victim, who was drinking with friends, had no recollection of the interaction in the bathroom, however Kelso alleged he was challenged to a fight after hearing the man mutter “step outside”.

The footage showed Kelso tackled the victim from behind, who had no time to brace for his fall and was immediately knocked unconscious.

Kelso then jumped on the unconscious man’s back delivering a punch to his head before also throwing a hat at the man and fleeing.

As concerned patrons rushed to the victim’s aid, Kelso took off on foot in an attempt to flee, throwing a chair at a bystander who tried to stop him, however he was soon apprehended by police who were on the scene for an unrelated matter.

The court heard Kelso apologised for his actions, telling police he was intimidated by the victim.

“In my mind it was going to end up in the same way. I probably just didn’t have the upper hand that’s why it ended up the way it did. That’s not a reason or anything but that’s just the truth,” he said after the assault.

Samuel Malcolm Kelso leaving the Toowoomba District Court after pleading guilty to the serious assault of a Toowoomba man at the Irish Hotel.

As a result of the assault, the victim had multiple jaw fractures which required surgery, broken teeth, a cut under his chin, a split lip, and abrasions.

The Crown submitted given the seriousness of the assault, which also resulted in psychological harm, Kelso should serve some time behind bars for the crime.

Judge Dennis Lynch QC said although the Crown submitted the blow to the unconscious man was “gratuitous” he did not agree given the short time frame between when the victim fell and when he was struck.

“It’s not clear to me you would have appreciated even that the complainant was unconscious,” he told Kelso.

Judge Lynch said he accepted Kelso was genuinely remorseful and had acted out of character, noting his young age and personal efforts to rehabilitate himself.

Kelso was sentenced to a two-year and six-month jail term suspended for three years and ordered to pay the victim $6000 in compensation for medical bills which he had saved and offered to pay before being sentenced.

The court heard Kelso, who hoped to start a bricklaying business, wanted to work for the Queensland Police Force or Queensland Fire Department however given a conviction was recorded, those pathways are now closed to him.