Toby Mitchell leaves the County Court this month.Credit:Jason South
Magistrate David Starvaggi last year jailed Mitchell for two months after the bikie figure pleaded guilty to assault and failing to give police access to his mobile phone. But Mitchell was granted bail when he lodged an immediate appeal against the penalty.
On Tuesday,County Court Judge George Georgiou re-sentenced Mitchell to a one-year community correction order,with a conviction but no time in custody,and orders for him to get treatment for mental health problems,alcohol abuse and anger management.
Prosecutors alleged Mitchell struck the man with a left fist and then a right slap,and that the victim fell to the floor after each strike.
But after viewing CCTV footage,Georgiou ruled he wasn’t satisfied the first strike was a punch,although it did cause the victim to fall. The judge ruled the second strike – a slap – caused the man to stumble but not fall.
Defence lawyers argued the victim was drunk and repeatedly pestered the bikie,and a witness in the hotel told police the victim “just wouldn’t shut up” before the incident escalated.
Mitchell left the hotel immediately afterwards and asked a manager to delete CCTV footage.