A Ballarat Magistrates’ Court has sentenced Lachlan McNamara to a 12 month community corrections order following one punch attack | The Courier

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A person who knocked one other man unconscious in a one punch assault on an evening out has escaped jail time. The presiding Magistrate Ronald Saines on the Ballarat Magistrates Court mentioned Lachlan McNamara’s destiny held on “a balance of factors” in sentencing, handing down a 12-month group corrections order (CCO). The incident, on the night of February 6 final yr at The Sporting Globe, occurred after McNamara and the sufferer had been launched by a mutual buddy early within the evening. McNamara later confronted the sufferer and requested if he ‘had an issue and needed to have a go’ earlier than punching him to the face whereas he was wanting away. An ambulance took the sufferer to hospital the place he underwent scans and acquired 5 stitches for a lower to his lip. The sufferer continued to undergo head and neck ache and blurred imaginative and prescient. He wanted to take eight days off work and ongoing complications impacted his capacity to play sport and focus. Mr Saines mentioned whereas it was a violent assault, “imprisonment [was] not always the best means of sentencing a person,” noting in some instances, jail time may set folks on a path to additional crime. Other components within the choice included McNamara’s sturdy household help and secure employment. “Those two factors support a conclusion you are not likely to re-offend,” Magistrate Saines mentioned. Mr Saines mentioned McNamara had additionally undertaken steps rehabilitate resembling beginning counselling and decreasing his alcohol consumption. In addition to the CCO, McNamara will probably be topic to a compulsory two-year alcohol exclusion order (AEO), which bans him from attending and ingesting at licensed premises. Mr Saines mentioned the necessary provision of the AEO was important. “I’m satisfied your violence was unprovoked, I’m satisfied it was under the influence of alcohol … you are a repeat violent offender,” he mentioned. “Engaging in unprovoked violence will result in a … stern [response] by the justice system.” The Justice of the Peace additionally ordered an evaluation for McNamara’s suitability for a violence intervention program. Magistrate Saines mentioned in sentencing he additional thought of McNamara’s prior felony historical past and responsible plea, which confirmed an acceptance of duty and saved the sufferer from needing to have interaction with the case. “It is apparent from your criminal record it was a plea of ‘guilty’ that avoided imprisonment,” he mentioned. McNamara may even pay a positive of $3,139.30 – made up of a $3,000 penalty and $139.30 in courtroom charges – as an alternative of partaking in group work below the order, as to permit him to keep up secure employment. If you’re seeing this message you’re a loyal digital subscriber to The Courier, as we made this story accessible solely to subscribers. Thank you very a lot in your help and permitting us to proceed telling Ballarat’s story. We respect your help of journalism in our nice metropolis.


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