‘If you ever come back you are going to jail’
A MAN has avoided a prison sentence after assaulting a restaurant duty manager over a failed dinner reservation.
Joseph Mitchell, 31, pleaded guilty in Pine Rivers Magistrates Court on July 6 to one count of
assault occasioning bodily harm.
Magistrate Trevor Morgan called the assault unprovoked and told the man if he ever did it again, he would serve time in prison.
The court heard that last October, Mitchell was attending a charity event at Noosa with friends and family when he went to the motel’s restaurant to book a table for dinner.
The duty manager told Mitchel all the tables were booked but then noticed some tables available outside in the beer garden.
The duty manager asked Mitchell if he wanted to go outside, which Mitchell misinterpreted as an invitation to go outside and fight.
Mitchell then followed the duty manager behind the bar and slapped him once across his left ear followed by a backhanded slap to the right side of his head.
The assault left the victim with a perforated ear drum.
Mitchell’s defence counsel said he was very remorseful for what happened.
In sentencing, Magistrate Morgan said it was an unprovoked attack to which there was no excuse.
“You need to take some time to think about what might have motivated you to do this act on this occasion.
“The fact that you might have been pissed off with somebody because you couldn’t achieve immediately what you thought you should have.
“The fact that you made a mistake with his offer to go outside is really of no significance because you followed him into the bar, to an area which any ordinary person would think clearly was out of bounds and while there you then assaulted him.
“If you ever come back with something like this again you are going to jail.”
Mitchell was fined $1000 and ordered to pay a further $1000 in restitution to the victim.
No conviction was recorded.
Originally published as ‘If you ever come back you are going to jail’