Warning from magistrate after CBD fight

A MAN was lucky not to be killed after falling and hitting his head during a scuffle, a court has heard.

Blayne Anthony Ryan-Storey, 19, faced Bendigo Magistrates Court over the matter on Tuesday.

The court heard Ryan-Storey had been “drinking heavily” in Bendigo’s CBD on March 1, 2013.

The court heard he pushed a man, who fell and hit his head on the ground.

Co-accused Jack Evans then hit the man while he was on the ground, the court heard.

Prosecutor Leading Senior Constable Chris Jones said the altercation started outside a late night food venue in Bull Street at about 1.40am.

He said a group of men had blocked the footpath and started abusing the victim.

“The victim turned around and the accused was behind him,” Leading Senior Constable Jones said.

“A push and shove took place and the victim was pushed by the accused.

“Consequently the victim fell and hit his head on the ground.

“It’s said the accused then fled.”

The court heard Ryan-Storey had “panicked” after the incident.

Defence lawyer Megan Aumair said her client, who had no prior criminal history, had learnt a very important lesson.

She said her client, who drank about 10 to 12 beers on the night, was no longer going into town as often and had reduced his drinking.

Ryan-Storey’s father was in court to support him.

“He’s a hard-working young man who’s made contributions to the community,” Ms Aumair said.

“It really is concerning this type of conduct happens but he’s learnt his lesson.”

Magistrate Ian Von Einem said courts regularly heard of similar cases.

“No doubt you’ve been told by your lawyer, no doubt your father, that the problem getting involved in these street altercations is someone getting killed,” he said.  

“Pushing aggressively, someone falls to the ground, hits their head in unfortunate circumstances and dies.”

The magistrate noted it was Ryan-Storey's first court appearance and took into account his guilty plea. 

He was fined $1000 without conviction.

The court heard Evans had previously been fined $1500 without conviction. 

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