Gympie man jailed after ‘inexcusable’ use of weapon
TOM McCubbin was an innocent party, when he was unjustly assaulted in the gaming room of a Gympie hotel.
That was until he returned to the premises carrying a steel bar, Gympie District Court was told this week.
It also did not excuse the meth amphetamine offences, which Judge Glen Cash said were a threat not only to Mccubbin's liberty, but also to the future of his children.
"The key to your future and the future of your children is to stay away from drugs," the judge said.
"If you don't, your children will be deprived of a parent".
He referred to a letter from McCubbin's mother talking about the difficulties faced by McCubbin's son towards the end of last year, while McCubbin was in jail.
The court was told McCubbin, 32, was playing the pokies at the Jockey Club Hotel in June last year, when a man approached him, claimed rights to the machine McCubbin was playing, then pressing buttons to use up McCubbin's money.
In the ensuing dispute, McCubbin was punched and fell to the floor.
The court was told McCubbin was then unfairly evicted from the hotel when security staff mistakenly thought he was the problem.
Judge Cash said the victim's "self entitled" conduct did not justify McCubbin's actions after that.
They included leaving the hotel and returning with a steel bar he had found nearby.
The complainant confronted him and McCubbin hit him in the forearm, smashing the bone.
Judge Cash said the injured man had behaved in a way which tended to escalate the situation.
"Nonetheless, you acted inexcusably. You swung in the direction of his head or upper body, he put an arm up in defence and the bar collided with that arm," the judge said.
That had caused "a significant compound fracture".
"The complainant had surgery on the end of his forearm, there were wires inserted to stabilise the fracture and it seems he will suffer some permanent loss of movement in his arm."
This had forced him to pause his carpentry apprenticeship.
The last offence, drug possession, was discovered by police last July and involved a small amount of meth amphetamine.
Judge Cash noted a criminal history which included being jailed in 2014 for an armed home invasion, involving firearms in an apparent run-in attempt to obtain money or drugs.
The judge noted 192 days in pre-sentence custody since late July.
He said the complainant's bad behaviour did not justify McCubbin's reaction.
He jailed McCubbin for four years, with parole eligibility from November 27, taking into account 192 days pre-sentence custody since July 28 last year.