A man who knocked another man unconscious in a one punch attack on a night out has escaped jail time.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The presiding Magistrate Ronald Saines at the Ballarat Magistrates Court said Lachlan McNamara's fate hung on "a balance of factors" in sentencing, handing down a 12-month community corrections order (CCO).
The incident, on the evening of February 6 last year at The Sporting Globe, occurred after McNamara and the victim were introduced by a mutual friend early in the night.
McNamara later confronted the victim and asked if he 'had a problem and wanted to have a go' before punching him to the face while he was looking away.
An ambulance took the victim to hospital where he underwent scans and received five stitches for a cut to his lip.
The victim continued to suffer head and neck pain and blurred vision. He needed to take eight days off work and ongoing headaches impacted his ability to play sport and concentrate.
Mr Saines said while it was a violent attack, "imprisonment [was] not always the best means of sentencing a person," noting in some cases, jail time could set people on a path to further crime.
Other factors in the decision included McNamara's strong family support and stable employment.
"Those two factors support a conclusion you are not likely to re-offend," Magistrate Saines said.
Mr Saines said McNamara had also undertaken steps rehabilitate such as starting counselling and reducing his alcohol intake.
In addition to the CCO, McNamara will be subject to a mandatory two-year alcohol exclusion order (AEO), which bans him from attending and drinking at licensed premises.
Mr Saines said the mandatory provision of the AEO was significant.
"I'm satisfied your violence was unprovoked, I'm satisfied it was under the influence of alcohol ... you are a repeat violent offender," he said.
"Engaging in unprovoked violence will result in a ... stern [response] by the justice system."
The magistrate also ordered an assessment for McNamara's suitability for a violence intervention program.
Magistrate Saines said in sentencing he further considered McNamara's prior criminal history and guilty plea, which showed an acceptance of responsibility and saved the victim from needing to engage with the case.
"It is apparent from your criminal record it was a plea of 'guilty' that avoided imprisonment," he said.
McNamara will also pay a fine of $3,139.30 - made up of a $3,000 penalty and $139.30 in court fees - instead of partaking in community work under the order, as to allow him to maintain stable employment.
If you are seeing this message you are a loyal digital subscriber to The Courier, as we made this story available only to subscribers. Thank you very much for your support and allowing us to continue telling Ballarat's story. We appreciate your support of journalism in our great city.