A man accused of punching another man outside a licensed venue will return to court for a contested hearing in April.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The Ballarat Magistrates Court was told Benjamin McArthur approached the complainant after a night out in Ballarat on March 10 this year.
The two knew each other, and the accused wanted to discuss an incident earlier in the evening with the complainant.
CCTV footage apparently records the complainant pointing at the accused, before the accused pushed the complainant and a scuffle breaks out in front of the venue on Lydiard Street.
Other people attempt to separate the two, before the accused allegedly punches the complainant in the head.
The complainant falls to the ground, hitting his head on the pavement.
The police summary notes the complainant suffered a skull fracture and brain trauma, and has no memory of the evening.
The accused was arrested at the scene, and made admissions in the police interview.
Mr McArthur's defence lawyer, David Tamanika, said he acted in self defence.
"We say the complainant should have walked away, pushing doesn't dispel self-defence," he said.
"The complainant grabs accused, he gets the upper hand, people intervene, they continue to remonstrate.
"(The accused) has got his head down and neither party's doing anything about it."
Magistrate Pauline Spencer stood the case down to view the footage before making a decision.
She said "there's a little bit in it, I think".
"They're obviously struggling, complainant's still in the fray when the punch is swung," she said.
Mr Tamanika indicated he wanted to continue to a contested hearing.
"The finding of guilt is very detrimental," he said.
The case will return on April 8.
Have you signed up to The Courier's variety of news emails? You can register below and make sure you are up to date with everything that's happening in Ballarat.
