Court told of violence
A MAGISTRATE told a defendant “being drunk does not release you” from responsibility, before sentencing him to a suspended jail term.
Stuart Armstrong De Vries was charged with assault or obstruct a police officer, commit public nuisance and two counts of serious assault.
Police Prosecutor Constable Troy Daubaras told the court police were called to a disturbance at 1.15am on July 24 outside Bojangles Nightclub.
About 10-15 men were fighting and the defendant was seen shaking and punching another man. He was subsequently arrested for public nuisance.
Police had one handcuff on when De Vries broke free and ran over and punched a man, with a crowd cheering him on.
The defendant was restrained and removed from the scene but complained of breathing difficulties so an ambulance was called and he was taken to Gladstone Hospital. At the hospital De Vries tried to abscond several times.
At 1am before police arriving at Bojangles, security officers had tried to remove De Vries from the nightclub after he bit another patron on the face.
The defendant abused the two security guards and hit one of them in the face.
The other security guard stepped in and a struggle ensued, the court heard. Both security guards were hospitalised.
The court was told De Vries had a long criminal history of assaults and violence.
Duty lawyer Brad Krebs said his client was very drunk and did not remember.
“He was celebrating a 40th birthday and he is disappointed with his actions, he has since apologised to the police,” Mr Krebs said.
Magistrate Morrow said he was considering a jail term.
“The court takes a dim view of fights outside nightclubs,” he said.
For the public nuisance and obstruct charges, De Vries was fined $1000. For the two serious assault charges, the excavator operator was jailed for three months for each charge suspended for 12 months.