Assailant free due to ‘walking away'

WALKING away after he decked a man saved Timothy William Trevillien from serving time in jail, a magistrate said on Friday.

Trevillien had head-butted his victim outside Cheeky Monkey's nightclub in Byron Bay, causing bruising and a fractured wrist when the man fell to the ground.

The assault stopped there, otherwise Trevillien would have been going ‘through that door (to prison) today', Magistrate Michael Dakin said in Byron Bay Local Court.

Trevillien's act was yet one more example of a drunken young male late at night in the streets of Byron Bay getting involved in something that had nothing to do with him, Mr Dakin said.

The 22-year-old had been part of a group outside the club when the complainant was refused entry.

Members of the group screamed comments at the man about his clothing, Mr Dakin said.

He became afraid that he was going to be attacked and rang triple-0.

When Trevillien overheard the man giving police the rego number of the group's car, he accosted him. There was some pushing and shoving and he ‘let forth' with a head-butt, his lawyer Vince Boss said.

“There was some provocation, but the bottom line is that my client should have letsecurity deal with the complainant,” Mr Boss said.

He said Trevillien had walked away when the complainant was ‘out of his face'.

Mr Dakin put Trevillien on a good behaviour bond for two years, and fined him $500.

Trevillien is to seek drug and alcohol counselling if the probation service directs him to.



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