'Without warning': Man walks free after punch outside bar
A bar-goer dropped to the ground, smacking his head against the concrete after he was punched by a man who walked from court on Thursday.
Jesse Lee Marshall was in full view of police patrolling Ocean St at 11pm on August 23 last year when he suddenly punched a man in the face.
The man fell backwards.
"He hit the back of his head hard on the concrete footpath," police prosecutor Lee Allan said.
"That particular male did not attempt to block the punch or brace for the punch.
"The punch appeared to have been thrown without warning."
The victim was taken to hospital in an ambulance with large lacerations to his top lip and the back of his head.
Marshall was arrested and questioned.
"He stated to police the other male was annoying him and deserved to be punched in the head," Sen Constable Allan.
Maroochydore Magistrates Court heard the victim did not make a formal complaint of assault and Marshall was subsequently charged with public nuisance within the vicinity of a licenced premises.
Sen Constable Allan said it was the worst type of public nuisance offence and warranted jail time.
"The facts are quite damning," he said.
"It is certainly lucky that victim did not receive more permanent or more serious injuries."
Marshall was on bail on October 25 when police found about 18g of marijuana at his Rosemount home, as well as a bong.
Police were also called to Mooloolaba on December 23 in relation to men loitering near a toilet.
They found Marshall with an ice pipe.
The 34-year-old on Thursday pleaded guilty to four charges.
He had three previous public nuisance offences on his history and finished parole a month prior to the Ocean St incident.
Duty lawyer Jason Todman said Marshall had recently taken a break-up badly and resorted to using drugs and alcohol to cope.
"As a result of the public nuisance offence, he has come to grips with his situation and reduced his drinking, stopped using drugs and thrown himself into his work," Mr Todman said.
He said Marshall was remorseful for punching the man.
"He said he was drunk on the night in question and had a spotted memory of the night but he perceived the fella was trying to take his mobile phone and he concedes he overreacted in the circumstances," Mr Todman said.
Magistrate Rod Madsen said the maximum penalty for a public nuisance offence was six months in jail.
"The public nuisance in August 2019 is not a good example of the offence and it's not a good example because it might be called gratuitous violence in a public place," he said.
Mr Madsen said it did not warrant the maximum penalty, taking into account Marshall's history and that he previously completed parole without trouble.
He sentenced Marshall to four months in jail with immediate release on parole.
He was also fined $500 for the drug-related matters and ordered to pay the victim $500 in compensation.