Toowoomba nightclub kick to head earns man jail term

KICKING a nightclub patron in the head after he had been felled by a mate's punch has landed a Toowoomba man with a jail term and a sizeable fine.

Andrew John Lipsett, 27, and a mate had become involved in a verbal altercation with some other people at the Cube Hotel about 10.45pm, Saturday, April 4, Toowoomba Magistrates Court heard.

Lipsett punched one man in the face, but the victim hadn't wanted to fight and later told police he hadn't wanted to make a complaint.

However, his co-accused had then punched another man who fell to the ground after which Lipsett kicked him in the head, police prosecutor Sergeant Mike Robinson told the court.

Police claim the co-accused then also kicked the man in the head who sustained pain and soreness to the back of head and a cut to his arm, he said.


Lipsett pleaded guilty to charges of assault occasioning bodily harm, obstruction at a licensed premises and two counts of public nuisance arising from incidents that night and to refusing to give police his name during another incident on June 13.

Defence solicitor Brad Skuse told the court his client had shown a significant change of attitude since the incident and Lipsett's employer had provided a reference attesting to that.

It was unfortunate his client had kicked the man but fortunately the injuries had not appeared to have been significant, he submitted.

Magistrate Graham Lee noted Lipsett has previous offences of violence including an assault occasioning bodily harm in 2012.

He sentenced Lipsett to three months jail, but ordered the term be immediately suspended for 12 months. He was also fined $1400.

His co-accused is due to front the same court on August 12.

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