Craig Carley, 39, from Shepparton, received a diversion in Melbourne Magistrates’ Court when he appeared on charges of recklessly causing injury and two counts of unlawful assault.
Court documents show Carley had been on a night out at a Shepparton pub on June 12 last year when an empty glass was thrown at him from another group across the room at 10.30pm, hitting Carley on the chin.
A man from the group approached Carley and a verbal altercation occurred between the pair, before Carley threw his beer at the victim and then smashed the glass into the man’s cheek, according to the court documents.
According to the court documents, when interviewed by police, Carley admitted the physical altercation but denied glassing the man.
He told them he “had a pint of beer in his right hand, and the victim went to knock it out of his hand and it smashed in his hand and glass went everywhere”.
He said he punched the victim “due to self-defence”.
“I think I used necessary force. I was scared. I was in fear,” Carley said to police.
“I was surrounded. I was just trying to keep myself safe.”
To receive a diversion, an accused person has to accept responsibility for what happened, but also be recommended for a diversion by the police.
In Carley’s case, a period of 12 months for the diversion was set, and if he is of good behaviour in that time and makes the payment to the charity, the charges against him will be dismissed with no finding of guilt, and no conviction will be recorded.
It is recorded in the courts in a similar way to an official warning.
Magistrate Tara Hartnett was torn about whether to put the father-of-two on a diversion.
She spoke of a victim impact statement from the 21-year-old victim who said he had nightmares since the incident and had grown a beard to cover the scars.
He also said he “shouldn’t be afraid of going to the pub”.
Carley, however, countered saying there were photos on the victim’s social media of the victim after the incident saying: “You should see what the other guy looks like. He’s in a gutter somewhere.”
Ms Hartnett also referred to character references that had been handed up for Carley, referring to them as “probably the most powerful I have ever seen during my time on the bench”.
“I’m not sure that I’ve ever read a more impressive CV in terms of largely volunteer work you do for your community in support of young people,” she said.
“I’m not sure I’ve ever seen such an extensive list outlining contributions to people and the community, in mental health and with youth.”
However, Ms Hartnett also expressed surprise that the police had recommended him for a diversion, saying these types of incidents “can and do end in terms of imprisonment”.
Carley told the court he no longer went out after the incident.
Before handing down the sentence, Ms Hartnett said Carley’s case was “causing her great difficulties”.
“I am acutely aware about the seriousness of the offending and the impact on the victim,” she said.
“I am troubled because the material I read about you is exceptional.”
She also referred to being aware what any outcome other than a diversion would have on Carley’s career as a school counsellor.
“The benefit you provide to the community, particularly young people — anything else would have a catastrophic result not only for you, but for members of the community,” Ms Hartnett said.
Police had recommended a $350 fine as part of the diversion; however, Ms Hartnett said that was not enough because of the seriousness of the charges.
She instead ordered him to donate $5000 to the Pat Cronin Foundation, which raises awareness of senseless violence that fuels one-punch attacks.
