Tradie to appeal sentence for 'cowardly' attack in golf club
AN apprentice tradie will appeal a two-month prison term he received after a "cowardly" attack on an innocent man in a golf club.
Mayson James Doyle-Cavanagh has been released from Capricornia Correctional Centre after appeal bail was granted by Magistrate Mark Nolan in Mackay Magistrates Court on Thursday.
Two days earlier, Magistrate Damien Dwyer sentenced Doyle-Cavanagh to six months imprisonment with parole release on February 4, after the Moranbah man spent two weeks locked up before sentence.
The 20-year-old's victim had been taking a phone call in the courtyard of Moranbah Golf Club on August 27 when he made a passing comment about a drunken fight which had been occurring, Mr Dwyer said.
An associate of Doyle-Cavanagh "got in his face" and was pushed away.
Doyle-Cavanagh then punched his victim in the face and continued to punch and kick at the man as he lay on the ground.
When the man rose to his feet, dazed and disoriented, Doyle-Cavanagh "king hit" him, striking him in the face while he was not looking, resulting in the victim hitting the deck yet again.
The man was treated in hospital for cuts and bruising.
Mr Dwyer described the drunken attack - resulting in Doyle-Cavanagh pleading guilty to assault occasioning bodily harm in public while intoxicated - as "gratuitous violence" involving an "innocent member of the public".
In the face of those comments, Doyle-Cavanagh's defence barrister Stephen Byrne argued his client should be bailed ahead of the District Court appeal.
Mr Byrne said there was a "degree of urgency" regarding his application, as the District Court in Mackay will not sit again until after Doyle-Cavanagh's parole release date.
The barrister, instructed by McKays Solicitors, said the appeal will focus on the "custodial element" - the actual prison term Doyle-Cavanagh was due to serve - as opposed to the six-month head sentence.
Mr Byrne submitted, largely through paperwork passed to Mr Nolan, that Mr Dwyer didn't properly consider factors of the case - including Doyle-Cavanagh's young age, lack of criminal record, prior good character and and the "minor" nature of the victim's (physical) injuries.
"The effect of the magistrate's decision is he had no other option no other choice (but imprisonment). Which is not the case at all," he said.
"There were many other sentence combinations that could be put together, as opposed to a two-month custodial (term)."
Prosecutor Senior Constable Duncan Erskine disputed Mr Dwyer had not properly considered the case.
"I ultimately submit that the decision that his honour Magistrate Dwyer handed down was absolutely not out of range for this type of offending," he said.
"And I would further submit that six months to serve two is not out of range. It may be at the higher point of the range in this type of offence, but it is not out of range.
"I submit, your honour, that it shouldn't go any further than that, essentially."
Mr Nolan granted bail after about an hour and a half of back-and-forth.
"It's conceded by (the prosecution) in today's appeal that the short sentence ... the custodial element ... will have been served in its entirety before this matter can be ventilated before the District Court ... ," he said.
"It's the applicant's chance at success at appeal that's now the fundamental issue before me today."
Mr Nolan found there was some likelihood the appeal will succeed, but it must be "properly determined" in the District Court.
Doyle-Cavanagh was granted bail, but must undergo breath testing at the request of police and register a zero alcohol reading.