A magistrate has warned a man he could have woken up charged with killing two men after a drunken pub fight in Ballarat.
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Andrew McBain pleaded guilty to one charge of affray at the Ballarat Magistrates' Court on Wednesday.
The court heard McBain got into a verbal fight outside the Ballarat Leagues Club before 9.30pm on January 24, 2020.
He then pushed one of the victims backwards onto Corbett Street and punched him to the head, causing him to fall onto the road and hit his head on the gutter, according to the police summary.
McBain walked away before returning when a second altercation happened and he punched another man to the head.
Every time you behave like this you run the risk of sobering up... and finding yourself charged with causing the death of another person.
- Magistrate Jonathan Klestadt
A number of patrons exited the bar to see what was going on and McBain fled the scene.
Paramedics attended and both victims were transported to hospital, one with substantial blood loss.
One of the victims was in hospital in Melbourne for 17 days.
Defence lawyer David Tamanika said McBain had not been charged with further offending, was working as a truck driver and was recently married.
"The paramedic describes everyone as being heavily intoxicated," he said.
"It appeared there were problems that developed into something it need not have been."
Mr Tamanika said McBain and one of the victims were still friendly 'even after such a terrible incident'.
Magistrate Jonathan Klestadt said McBain had a history of involving himself in violence.
"You are not entitled to use physical force to impose your view about the way somebody should behave," he said.
"Clearly everyone had quite a bit to drink. Every time you behave like this you run the risk of sobering up... and finding yourself charged with causing the death of another person.
"You would in those circumstances be facing the prospect of spending years in prison."
Mr Klestadt said violent behaviour was not accepted in the community.
He said McBain would find himself in prison for a long time if he thought having a fight after a night of drinking was 'a part of the fun.
McBain was convicted and fined $2500.
Mr Klestadt said if he was found guilty after pleading not guilty, he would have been jailed for six months.
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