Two accused of kicking defenceless man in ‘pack attack’
A "pack of young men" almost kicked another man to death in Mary St on Friday night, according to police allegations in Gympie Magistrates Court yesterday.
Two alleged members of the pack appeared separately in the court and sobbed in the dock as they contemplated the prospect of serious jail time if found guilty of grievous bodily harm charges.
Magistrate Chris Callaghan rejected defence submissions that the men might not go to jail if convicted.
"It's grievous bodily harm," Mr Callaghan said, noting one of the men, Jack James Freson, 22, of Araluen, was accused of "kicking a man in the head when he's down, into a state of unconsciousness where he has to be intubated."
Mr Callaghan said the other man before the court, Harley Hudson Price, 21, of Araluen, had allegedly joined in and stomped on the alleged victim's head, "as he lay defenceless on the ground" after Mr Freson's alleged kick.
Mr Freson began his jail time straight away after Mr Callaghan refused him bail, on the basis that Mr Freson could not satisfy him he was a good risk.
"History is a pretty good predictor of the future," Mr Callaghan said, saying the Friday night affray had occurred while Mr Freson was on bail after another alleged assault only 10 days earlier.
In that matter, Mr Freson is accused of spitting blood into the face of a nurse who was trying to help him at Gympie Hospital's Emergency Department.
"It's a strong Crown case that would bring about imprisonment in my view," Mr Callaghan said.
Mr Price was granted bail after Mr Callaghan noted his alleged offence would breach a good behaviour bond, but this was not as serious as offending that breached bail.
He is subject to strict residential, curfew and no contact conditions and will have to report to Gympie police three times a week.
Both men were remanded to appear in the court again on March 2.
Mr Freson was ordered to appear by video link from jail.
Three other young men are on watch-house bail after also being arrested over the alleged bashing.