Violent attack condemned by judge

VIOLENT behaviour of a Proserpine trainee mechanic, who whacked a Proserpine parent in the face during an unprovoked attack at a Year 12 high school graduation, was described as appalling and disgraceful by a District Court Judge in Mackay.

Joshua Filby, 19, (at right) a former student, pleaded guilty to assault causing bodily harm to the man on November 16, 2013.

Kylie Heath for the Director of Public Prosecutions said the man was a volunteer helping supervise the Year 12 event at Proserpine Showground when at 1.10am he noticed boys surrounding a boy on the ground. Filby walked over but the man stopped him going closer.

Filby then punched him in the left side of his face and the impact caused two fractures. The injured man was later given a tetanus injection and antibiotics by a doctor.

Defence barrister Paddy Cullinane said Filby was 18 at the time and doing a school-based mechanic apprenticeship. He said the assault was a one punch and not a king hit. He said it did not justify imprisonment and he sought a fine or community service work order for his client.

"What you did that night the community finds appalling," Judge Stuart Durward SC told Filby.

"He was volunteering his service to keep people like you out of the way of people celebrating their Year 12.

"He did nothing wrong by putting out his hand to stop you entering a trouble spot. Instead you should have walked away but instead you used your fist.

"People who lash out and punch others can get themselves into a lot of trouble. People are sitting in jail for years because of a moment of stupidity.

"A simple push can kill and can put someone like you in jail for a very long time. If you are ever again in a situation like this you walk away."

He was ordered to pay $500 compensation and complete 60 hours of unpaid Community Service work.



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