The Proserpine Court House
The Proserpine Court House Peter Carruthers

Tailbone broken in assault

A MT JULIAN concreter avoided jail on Monday after he attacked an "annoying" fellow patron of a Proserpine pub, leaving the victim with a broken coccyx.

David Francis Dunne, 35, pleaded guilty when he appeared in Proserpine Magistrates Court charged with assault causing bodily harm after he lost his cool while drinking with family and friends at the Prince of Wales Hotel on March 31.

Police Prosecutor Senior Constable Hannah Beard outlined the evening where, at 7.55pm, local man Lewis Tuck sat next to an acquaintance at Mr Dunne's table.

"He (Dunne) took exception to the victim and pushed him in the face with an open palm before punching him," Sen-Constable Beard said.

After Mr Dunne was restrained, Mr Tuck walked over to the bar and called out to Mr Dunne which saw him "snap".

"He pushed past his father and friends and punched the victim in the stomach and head," Sen-Contable Beard said.

"The ferocity of the attack knocked him (the victim) to the ground and he fractured his coccyx."

The court heard Mr Tuck suffered cuts near his right eye and forehead and could not work for five days.

Macrossan and Amiet solicitor Steven Hayles said the victim was acting in the manner of a pest and had been asked previously to leave them alone.

"He (Mr Dunne) feels great regret and remorse shown by his offer to pay $2500 in restitution," Mr Hayles said. "He accepts he acted inappropriately to the situation."

The court heard Mr Dunne had a good work history, working as a partner with his father in their concreting business for the last 17 years since attending Proserpine High School.

Magistrate Simon Young said the incident appeared to be out of character for Mr Dunne, supported by his lack of recent relevant criminal history, references and good work history.

"The incident itself is a serious one, in my view, as it involves not one but two assaults," Mr Young said.

"A single punch to the head wasn't the end of it ... following up with secondary assault which resulted in serious injuries. If you had been able to exercise any sort of self control those further injuries would not have occurred."

Dunne convicted, sentenced to six months imprisonment, wholly suspended for 18 months, and ordered to pay $2500 restitution to the victim.


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