Joshua David Hicks, 18, charged with stabbing stranger at a Toowoomba pub

A man is in hospital with a collapsed lung after he was allegedly mistakenly targeted by an armed and angry mob.

Picture: Kevin Farmer

A lewd comment has allegedly led to a violent pub brawl, leaving one man in custody and another in hospital with a collapsed lung.

Joshua David Hicks appeared via video link at the Toowoomba Magistrates Court on Friday last week accused of unlawfully wounding another and possessing a knife in a public place after he allegedly led an armed group to attack a man at a Toowoomba hotel.

The 18-year-old appealed for bail on the grounds of his youth, lack of criminal history and a risk of spending too much time in custody.

Duty lawyer Chelsea Saldumbide said Mr Hicks had attended the pub to defend his sister who had recently given birth to a stillborn child.

“Unfortunately, on this occasion, he received a phone call from his sister who has perhaps misstated a situation to her brother,” Ms Saldumbide said.

“She had described being attacked by some people at the pub … a derogatory comment was made towards (her posture).

“She took offence to it, contacted her brother in support of her and he, unfortunately, has acted in a very inappropriate way.”

Police prosecutor Senior Constable Chris Willson told the court the alleged target of the attack was stabbed in the back and remained in hospital with a collapsed lung.

“They come armed, they come in numbers to the hotel in order to deal with (the victim) in regards to the earlier matter,” Mr Willson alleged.

“(CCTV footage) clearly shows the defendant entering the hotel; he then goes back out and retrieves a weapon to use in the incident and then he goes back out again.

“I believe the first item was a machete then he goes back out and gets a hammer to get involved in the offence.”

He added the initial comment to Mr Hicks’ sister was made by another person and not the injured man, according to police evidence.

“I should bring everyone’s attention to the fact that the comment, reflected by the facts of the incident, was made by (another person),” he said.

“The defendant and his friends then attend three hours later asking for (the victim).

“(The victim) may have been present, however, he’s not responsible for the comment.”

Both Ms Saldumbide and Constable Willson agreed the Crown case was strong with evidence from CCTV footage and eye witnesses.

Magistrate Michelle Dooley denied bail, citing an unacceptable risk to the community if Mr Hicks were released.

“It appears the evidence is very strong,” she said.

“Witnesses are prepared to say that this young man seriously injured another person that it appears he has no particular association with … he had to ask someone on the premises who (he) was.

“There is a likelihood that this young man may receive a period of actual time in custody.”

As Ms Dooley read her ruling, a supporter of Mr Hicks called out from the stands.

“Keep your head up boy, I love you mate,” the man said.

Mr Hicks is due to appear back in Toowoomba Magistrates Court on December 13, 2024.