By CAM LUCADOU-WELLS
A MAGISTRATE has successfully argued for the diversion of a Narre Warren man who gate-crashed a 50th birthday party and struck a patron with a tree branch.
The 18-year-old accused had been drinking vodka with mates in Melbourne’s CBD, lost his admission ticket to a soccer match and tried to get home by train on 7 February, Dandenong Magistrates’ Court was told on Monday.
He disembarked in Noble Park, got into an altercation with an “aggressive” group of males and armed himself with two branches from a wheelbarrow.
Police prosecutor Const Ryan Johnson said the accused later swung the branches as he entered a private birthday party at Noble Park RSL.
After striking a patron with a branch, the accused was cornered and “overpowered” by other guests, Constable Johnson said.
In the scuffle, the victim’s shoulder was reportedly dislocated – though the accused’s lawyer disputed the lack of medical evidence.
The victim also suffered a small cut under his right eye and abrasions to his right arm and leg.
The accused, who wrote a letter-of-apology to the victim, faced a single count of unlawful assault with weapons.
Const Johnson said the accused was co-operative, apologetic and regretful during a police interview.
The man’s lawyer told the court that the “disoriented” accused didn’t normally drink, had no idea why he disembarked at Noble Park station and had retreated to the RSL sub-branch for “safety”.
Armed with glowing references for the accused, the lawyer pleaded for diversion on the basis of his youth, no prior criminal history and overcoming serious physical and sexual abuse as a child.
If rejected, the recorded offence would dent the man’s ambitions to help domestic abuse victims as a youth worker, and “undo some of the good work he’s done”, the lawyer said.
Magistrate Jack Vandersteen said he would not take into account the shoulder injury because police withdrew the relevant charge.
The magistrate pleaded with police to drop their opposition, so he could place the accused on diversion.
“You cannot underestimate the impact of the things (he’s) gone through,” Mr Vandersteen said to police prosecutors.
“His father was threatening to kill the mother with a knife … it’s remarkable he’s come as far as he has.”
He said it was ironic that police had supported the family, particularly the mother, as domestic violence victims in the past, yet not in this case.
“Are we so sanctimonious that he doesn’t deserve a second chance?
“(He’s) very young. As parents, it could be one of our kids one day.”
Police prosecutor Sergeant Andrew Gannon said the accused was unsuitable because it was an unprovoked attack at a family function on a licenced premises.
But after an interval, police dropped their opposition – despite three police prosecutors initially rejecting diversion.
The accused will be assessed for diversion later this month.
