A MAN cowered on the ground in an attempt to protect himself as three men allegedly punched and kicked him during a violent attack last year, a court has heard.
Nathan Allan Dwyer, 22, and two others allegedly carried out the affray, which left the victim with grazing to his cheeks and forehead and soreness to his body.
Dwyer appeared in the dock of Ballarat Magistrates Court yesterday where he pleaded guilty to his role in the affray, as well as six other charges relating to an attempted car theft and six DVDs suspected to have been stolen.
The court heard the victim was pushed from behind while walking along Victoria Street on the afternoon of November 22 last year, and was then held and repeatedly punched and knocked to the ground.
Police prosecutor Sergeant Bob Anderson said that at one point the victim was cowering on the ground in an attempt to protect himself.
“The victim was punched and kicked to his head and abdomen area numerous times, sustaining visible redness and soreness to his body,” Sergeant Anderson said.
Several members of the public witnessed the attack and called police.
The trio then fled the scene on bikes but were later arrested by police.
The court also heard that in 2009 Dwyer was caught in the act of breaking into a woman’s car, and that last Sunday he was caught in possession of six DVDs and a bicycle suspected to have been stolen.
Defence lawyer Scott Belcher described his client’s offending as out of character.
“By looking at his prior history he seems to be more of a dishonest person than a violent person,” he said.
Mr Belcher said the DVDs had been “acquired” from Big W and Target.
Magistrate Peter Couzens sentenced Dwyer to six months in prison, and fined him $300.
“There’s no doubt (the affray) had a significant impact on his (the victim’s) life and those who saw it,” Mr Couzens said.
“Unfortunately you’ve got a long history for a person of a relatively young age.”
