An 18-year-old man has narrowly avoided jail after pleading guilty in Noosa Magistrates Court to assaulting two Hastings St cafe employees while at the venue in October last year.
Police Prosecutor Jamie Baker told the court Samuel Paul Walter Graham became aggressive when his friend, who had previously been banned from the venue, was denied service on October 19, 2013.
Sgt Baker said the two victims has just finished work and were enjoying a “knock off” drink when Graham and his friend approached the bar.
Graham then head butted one employee and punched the other in the face, in what Sgt Baker described as an “unprovoked attack”.
Victim Impact Statements (VIS) were provided to the court, but defence lawyer Anna Smith said the injuries described in the reports were “embellished”.
The first victim, who had received a punch to face, said he suffered a displaced jaw that he had to put back into place. The statement also said the attack had impacted the victim’s work life and university studies, as well as cause constant headaches and anxiety.
A second Impact Statement, for the man who was head butted, stated the man sustained a black eye, bruising to the cheekbone, and swelling to the right eye. In addition to the physical injuries, the court heard the man had since suffered with post-traumatic stress disorder, depression, anxiety, and had made two attempts on his own life.
Photos of the victim’s injuries, which were taken three days after the attack, were handed in as evidence, but Ms Smith said the pictures showed only minimal bruising, and that the injuries were in the “low end of the scale in regards to bodily harm”.
Ms Smith said there was no evidence to support the alleged injuries, pointing to a lack of hospital reports, university transcripts or proof of a loss of income.
Magistrate Bernadette Callaghan said the lack of supporting evidence was “unfortunate” as the injury impact claims cannot be fully supported.
Sgt Baker said the police had experienced difficulty in obtaining supporting evidence from the two victims.
Graham was sentenced to serve 9 months probation, complete 120 hours of community service and was banned from the venue for 12 months. No conviction was recorded.
