Man joins chase after being spat on
A man who crash-tackled another man after being spat on during a night out in Airlie Beach has been banned from the night-time party spot.
Wayne Henderson, 48, from Cannonvale, pleaded guilty in Proserpine Magistrates Court on Monday to assault occasioning bodily harm whilst in company.
On May 13 at 1.40am an incident occurred where Henderson assisted another man, unknown to him, in a chase of a third man, who was also unknown to him.
Police prosecutor Sergeant Emma Myors said the victim being chased ran into the Airlie Beach lagoon precinct where a verbal argument broke out between the three men.
"The co-offender and (Henderson) had the victim surrounded,” she said,
Henderson then crash-tackled the victim to the ground where the co-offender punched him in the face, causing immediate blood to flow and resulting in medical treatment and stitches.
Sgt Myors said the co-offender, who had previously been dealt with, was fined $600 with convictions not recorded, ordered to pay $350 in restoration and spent a period of three to four days in custody.
Defence solicitor Elizabeth Smith said Henderson had a random run-in with the victim after a night out "drinking quite heavily”.
"He was standing outside a kebab shop when the victim was running and heard people shouting out to stop him,” she said.
"He's instinctively put his arm out to stop the victim running.”
Ms Smith said the victim spat phlegm directly on Henderson's face and into his mouth causing him to become agitated and participate in the chase of the victim to the lagoon.
She said the co-offender had to be pulled back and restrained by security while Henderson stayed at the scene and never once had to be restrained.
Magistrate James Morton fined Henderson $600 and ordered him to pay $250 compensation with a default of five days' imprisonment.
He was also banned from entering the Airlie Beach Safe Night Precinct until July 21, 2020.