A HEPBURN footballer walked free from court yesterday after beating a four-month jail term on appeal arising from a nasty pre-match brawl against Dunnstown last year.
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The club's senior captain and co-coach, Matthew Brown, showed little emotion but hugged his wife in obvious relief after he was set free from an immediate prison term.
Brown, 30, of Webster Dve, Sebastopol, was convicted and re-sentenced to four months' jail, but the term was entirely suspended for two years.
He appeared in Ballarat County Court surrounded by a large group of family members and friends giving their support to the footballer, described by one character witness as ``a gentle giant''.
He was nicknamed ``Chief'' on the football field, the court was told.
Brown, a two-time best and fairest winner, was one of three Hepburn players to face criminal charges after the senior game against Dunnstown spiralled out of control on April 15 last year.
An all-in brawl erupted between the two sides before the starting siren sounded.
A Dunnstown player was taken to hospital with a fractured cheekbone after being assaulted by Brown.
He repeatedly and relentlessly punched the player, Jarrod Bickley, several times in the face while the victim's arms were being held, and was also seen pinning Bickley on the ground and punching him again in the face.
``At one stage, Brown was seen holding the victim's head with one hand and punching him to the head with the other,'' the court heard.
Brown was originally convicted and sentenced to four months' jail, after the sentencing magistrate described his actions as a case of ``naked brutality''.
However the County court heard yesterday of a devoted husband, father-of-three young children, hard-working factory worker and footballer who had a reputation for being fair and had never been reported for violence on the field.
Prosecutor Peter Reardon, representing the Office of Public Prosecutions, called for a custodial sentence, saying there was a need for deterrence.
``It was a particularly serious and violent assault during the warm-up of a game with no provocation by the victim,'' Mr Reardon said.
But defence counsel James Montgomery urged the Judge to consider a suspended jail sentence or a community based order.
Mr Montgomery said Brown was ``deeply ashamed of what he did on that day'' and ``very sorry''.
The court heard Brown received a best and fairest award while playing with the Sebastopol reserves in the early 90s, and again with Hepburn seniors in 1997. Mr Montgomery said his client had never been reported on the footy field, but ``grossly overreacted'' on this day.
``He really wants to get on with life and forget this.
``He has learnt his lesson and that, at all times, he must control himself, particularly on the football field.''
Mr Montgomery submitted that to make his client serve a prison term at his age and with his background would be ``totally out of proportion''.
In sentencing, Judge Shelton said gone were the days when violence on the footy field was tolerated.
Judge Shelton said Brown's behaviour was aggravated further because it did not occur in the course of play, or due to personal provocation.
Judge Shelton noted he was sentencing on a charge of intentionally causing injury, and not a more serious charge, and found the assault by Brown was not premeditated.
``I must weigh up the circumstances of the offending of what happened on the football field, of which I take a very dim view of, in the context of very positive things that have been said about you.''
Judge Shelton said: ``After weighing it up, I've come to the conclusion that you should not be required to serve an immediate sentence''.
Brown is now also free to continue playing with Hepburn this season.