A brawl in the middle of Lydiard Street in March 2019 between two young men after a 21st birthday party ended in one with a fractured skull and the other facing serious charges at court.
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Benjamin Mcarthur, 25, contested one charge of recklessly causing serious injury and one charge of recklessly causing injury at a hearing at the Ballarat Magistrates' Court on Tuesday.
Defence barrister James Portelli argued Mcarthur punched the victim in an act of self defence.
Police prosecutor Sergeant Aimee Heal submitted Mcarthur's level of aggression showed he was not acting in self defence.
Five prosecution witnesses gave evidence during the day-long hearing, including the police informant, the complainant, a doctor and other independent witnesses.
Magistrate Tim Walsh viewed CCTV footage of the brawl, which was a key piece of evidence in the hearing.
Mr Portelli said the prosecution did not provide any medical evidence the victim's injuries were serious.
My view of that video tape is it cannot be said he is acting in self defence the way it unfolded.
- Magistrate Tim Walsh
He said his client was of good character which made it less likely he acted in violence.
Mr Walsh said he was not satisfied beyond reasonable doubt in relation to the recklessly causing serious injury charge.
He said he did find the charge of recklessly causing injury to be proven.
"My view of that video tape is it cannot be said he is acting in self defence the way it unfolded," he said.
"There are firm blows to the chest, he is shoved quite forcefully... and the next minute, bang."
Mr Walsh said he did not believe the evidence was sufficient for the injury to be protracted in nature.
Mcarthur will return to court on Thursday for a plea hearing.
"Given you have no criminal history, don't feel you are in danger of imprisonment," Mr Walsh said.
Mcarthur was supported by his family in court.
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