Suspended jail sentence
IT'S an oldie that has been around longer than Joshua Flynn's 24 years, but a Lismore Local Court magistrate gave the tiler a strong reminder of the saying 'if the boot goes in, so do you' when she sentenced him to 10 months jail for an affray in the car park of Lismore Heights Bowling Club.
Magistrate Robyn Denes immediately ordered the suspension of the sentence, instead placing Flynn on a supervised good behaviour bond.
Flynn, from Goonellabah, pleaded guilty to his part in assaulting a man in the car park at 6pm on May 24.
The attack on the man also involved Flynn's mate, Aaron Wilton, who the court is dealing with by way of the Circle Sentencing program for indigenous offenders.
Police facts of the case presented to the magistrate say Flynn and his mate had both been drinking at the club.
Flynn and Wilton attacked the man as he left the club, kicking and punching him.
When the man fell to the ground the pair continued their attack on him.
Another patron who came to the aid of the victim was also assaulted by the two men.
Defence lawyer Rachael Thomas said although the offence was serious, photos taken of the victim showed the injuries were not quite consistent with the police facts.
“Is it denied he was kicked when the man was down,” Ms Denes asked.
“No it's not,” replied Ms Thomas.
“He has limited recollection of the incident but accepts the fact sheet.”
Ms Denes then stated there was 'an old saying that if the boot goes in ...”
The saying finishes 'so do you'.
Ms Denes said it did not help Flynn's case that the man who came to help 'copped one too' and that the two-against-one attack continued while the victim was on the ground.
Ms Thomas said her client would accept counselling and anger management training.
Ms Thomas agreed alcohol was a problem for Flynn and said he was now trying to reduce his alcohol intake.