Carey Park man jailed after second punch conviction
A Carey Park man has been jailed for 13 months after being found guilty of grievous bodily harm for the second time in less than two years.
Jeffrey Archie Humphries pleaded guilty to punching a 56-year-old man on the corner of Victoria and Symmons Streets about 2am on June 26 last year.
CCTV footage shown in the Bunbury Magistrates Court on Friday, showed Humphries hitting the victim, who fell to the pavement and was rushed to Bunbury Hospital, where he was treated for bleeding on the brain.
On September 27, 2015, Humphries punched an umpire at the end of the reserves grand final between Carey Park and the Eaton Boomers and received an eight-month suspended sentence for grievous bodily harm on November 2 that same year.
Humphries claimed that the victim had earlier “grabbed his genital area” when the pair were at the bar of Exit Nightclub.
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“At first I was in shock,” he said.
“I removed his hand and asked him why. He ignored me twice and this prompted me to get angry and upset.
“The more he ignored me, the more upset and angry I got.”
Humphries admitted to being intoxicated.
“If I was sober and this had happened to me, I wouldn’t have done what I had done,” he said.
“What he did to me was not right.”
Humphries said the victim apologised to him on the street, but he thought it was “sarcastic”.
Defence lawyer Michael Joubert told the court that what Humphries alleged was “indecent assault”.
“This was not a random king hit on the street,” he said.
“It is not an excuse, but it gives you an explanation for it.”
The prosecution denied the indecent assault took place and Magistrate Shackelton accepted that is what Humphries believed happened, but his evidence was not substantial enough to prove it.
Magistrate Shackelton said any normal person would have used the three to four minutes between interactions to “cool” their anger.
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