A fight outside a licenced premises, spurred by racist comments, has resulted in a conviction for a Marulan man.
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Dylan Russell, 24, of Morris Place, Marulan, was convicted of two counts of assault occasioning actual bodily harm and one count of affray.
Russell appeared before Goulburn Local Court on October 7. The court heard that Russell had been excluded from a licenced premises in February 2020 after he became intoxicated. The court heard that Russell had then punched a male in the face while they were standing on the footpath outside the building. The victim fell to the ground and hit his head on the concrete where he sustained lacerations to the back of his head among other injuries. A friend of Russell's and another male then pulled Russell away from the victim while first aid was administered by the manager of the premises.
The court was told that Russell had then hit his friend, causing a laceration to his nose, before punching him in the back. The court heard that another man, with the same last name as the first victim, then punched Russell and a fight ensued. An additional male then attacked Russell with a timber pole.
Solicitor Rod Boyd said his client, an Aboriginal man, had been a victim of "racial vilification" on the night and had reacted to racist comments.
He said Russell "had been subjected to racial abuse his whole life" and was usually able to walk away.
Mr Boyd said his client was "very intoxicated" that night and explained his violent reaction: "Every time he walked away [the anger] built up and this time he exploded - it all built up over time".
Russell's sister and mother were present in the gallery to show support. The solicitor said Russell was a "good family-man" and the "bread-winner" of his household.
Mr Boyd requested that Magistrate Geraldine Beattie adjourn the case for two weeks to allow Russell to engage in treatment for alcoholism.
The Magistrate denied this request on the grounds that Russell had already received sufficient time to engage and abstinence could be incorporated into his sentence.
Magistrate Beattie said that while "no-one should have to endure [racial abuse]", Russell's reaction was "not right".
"All it's done is get you into trouble," she said.
"In responding in the way you did, you are only putting yourself in a position where you can end up in jail.
"There is a strong need to deter people from behaviour like this."
She urged Russell to "think of the role alcohol played that night and to get help".
The Magistrate took Russell's guilty plea and existing Community Corrections Order into account. He was sentenced to a 10-month Intensive Community Corrections Order which required him to abstain from alcohol and complete 100-hours of community service.
