Man avoids jail for pub assault over women's toilet use
A FATHER of two headbutted and punched a pub employee after he told his friend to stop using the women's bathroom.
Cody-Ryan Martin has no history of violence, which usually works in a defendant's favour during such a sentence.
However, Magistrate Damien Dwyer said even with a clean history for violence, the "only reason I'm not sending you to jail" was because he wanted the 24-year-old to keep his job so he could pay compensation to the man he assaulted.
Prosecutor Sheena Hayes said Martin and the victim were strangers.
Police were called to a city centre bar about 10.15pm on October 28.
The victim had swelling and bruising to the left side of his face and a cut to his right eye.
Martin told police he'd attacked the man because he didn't like how he'd spoken to his friend.
Defence solicitor Zoe Craven said Martin suffered from hearing impairments and misunderstood what the victim had said to his best mate.
Martin believed he was acting "protectively" of his friend.
He accepted he overreacted, Ms Craven said.
Martin was in a de facto relationship and had two children from a previous relationship, the Mackay Magistrates Court was told this week.
He'd moved to Mackay from New South Wales.
References tendered to the court spoke highly of Martin and said this behaviour was "out of character", Ms Craven said.
Mr Dwyer labelled his actions as "gratuitous" violence.
For one count of assault occasioning bodily harm Martin was fined $750, placed on 12 months probation and ordered to pay $1250 compensation to the victim.
He was also placed on a nine-month banning order from licensed premises.