A young man has narrowly avoided a prison sentence after being involved in a public bashing in Wendouree.
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Gaige Jones, 18, pleaded guilty in the Ballarat Magistrates’ Court to three charges including making an affray for being part of a group of young offenders who assaulted a man outside his home.
The court heard Jones was a passenger in one of two cars loaded with his peers who arrived at the victim’s house on the evening of Wednesday, July 19, this year.
The police informant told the court the group called for the victim to leave his home while they ripped a window shade off the house and smashed the window.
Police told the court Jones had thrown a small table at the victims car, smashing the windscreen, before throwing a pot plant at at the victim.
The victim then was driven to the ground where the group punched and kicked him a number of times.
The court heard the mob attacked the man because he was a friend of one the mob member’s girlfriend, who he suspected of cheating.
The fight was also broken up when this woman screamed and caused the mob to scatter.
The victim was taken to hospital with bruising to his head and face.
Jones was arrested on September 27 and denied involvement in the bashing when interviewed by police.
The court heard Jones told police he was in Queensland at the time and claimed others lied in their statements and interviews.
However, when police interviewed Jones’ mother, she said he wasn't in Queensland and was driven interstate at a later date than he claimed.
Jones’ defence lawyer argued her client wasn’t an instigator of the fight and only threw the pot plant to try and break up the affray.
“He saw the scuffle between his friend and the victim and that's when he picked up the pot plant; he has even apologised to the victim and to police for not being forthcoming in his interview,” she said.
Defence council also said Jones suffered from autism and mental heath issues which were spiraling out of control at the time.
She said Jones had engaged with a youth reconnect program and had started year 12 again and was trying to get his life back on track.
Magistrate Gregory Robinson was inclined to impose a prison sentence on Jones but the police prosecutor agreed with defence council that a community corrections order would be an appropriate punishment.
“A CCO would be within range, given that Jones has some mental health issues, with conditions a way of addressing those issues,” the prosecutor said.
“I am aware of what youth offenders receive but we can’t apply that to Jones, he was well ware of what was planned that night.”
Mr Robinson said he had a responsibility to send a message to other young offenders that violent behaviour would not be tolerated.
“They traveled across town with the intent to assault someone in their home,” the magistrate said.
“Jones threw a pot plant and had been part of group who has punched and kicked someone to the ground, the message here needs to be this will not be tolerated.
“He is in the adult system now should be treated as an adult, he is a young man who has committed a very serious offence and young men in particular need to be deterred from this kind of behaviour.”
Jones was sentenced to a 24 month community corrections order with 200 hours of community work, including treatment for his mental health and behavioral issues.
Mr Robinson said if Jones comes before the courts again he will be sentenced to time in prison.
"If you an engage in this type of violent offending again you can expect jail,” he said.
“You came close today and if not for the concession from the prosecution that's what you would have done and if you breach by not complying or offending, I will re-sentence you on these charges,
“As a young man you need to learn this lesson; the community will not tolerate this type of violence in the streets and neighbourhoods.”