A 35-year-old mechanic and father-of-two pleaded guilty to affray after being “king hit”, despite not throwing a punch in a brawl on 7 March, he told Dandenong Magistrates’ Court.
During a chat at the Hallam Hotel bar, the man and his friend made a $50 bet with another patron about the outcome of the televised UFC fight.
Later, an argument ensued when they approached the patron for their winnings.
It escalated to punches being thrown in the car park, with most of the bar’s patrons reportedly appearing to egg on the trio.
The crowd cheered and filmed the brawl on their phones, according to police.
During the two-minute conflict, the mechanic was felled by a punch.
The other two continued to fight until security and staff intervened, the court was told.
All three declined treatment by Ambulance Victoria officers.
The mechanic suffered a cut to the chin and minor scratches.
He later told police he had been knocked out during the fight and had no memory of it.
In court on 3 February, he said that he didn’t want to “ruin the other guy’s life” by taking the matter further.
“It shouldn’t have happened. I’m trying to take appropriate steps so that it will never happen again.
“It was just going to be a bet – that’s it. Unfortunately I didn’t even throw a punch. I walked out and he king hit me.”
Magistrate Jacinta Studham told him despite that, he was involved in a brawl that could potentially incite fear for other members of the public.
“This is an affray or a brawl every day of the week.”
Ms Studham asked the man if it was a good idea to be “obviously tanked up” at the pub just three months after facing court for drink-driving and breaching an interlock condition.
“I really regret it,” the accused said, claiming he only had “a few drinks”.
The man had yet to complete previous court orders to attend a road trauma awareness seminar, a behaviour change course and seek counselling for his drinking.
He was being medicated for anxiety, depression and alcoholism, he told the court.
Ms Studham noted the mechanic was hard-working with supports, but vague on his treatment regime.
The “hard-working family man” had excellent prospects if he overcame the hurdle of alcoholism, she said.
But it was an affliction that was “very hard to kick”, its treatment was no “short-term” exercise.
As a sentencing indication, Ms Studham ordered the man to detail in writing his mental health plan and provide information about his specialists within three months.
If he complied, he would face a fine or good behaviour bond. If not, the judge would impose treatment under a community corrections order.
“You impress me as a really genuine and sincere person … a family man and (someone who) is working hard,” Ms Studham said.
“You have excellent prospects of putting this all behind you.”
The other two brawlers had earlier pleaded guilty at Dandenong Magistrates’ Court and were sentenced to diversion orders.
