A Mount Gambier man  has avoided conviction after throwing punches, chairs, sauce bottles and butter knives at a man in a fight at a takeaway shop.

Key points:

  • Accused swings two butter knives at victim, according to details heard in court
  • Magistrate considers impact of conviction on accused’s future job prospects
  • Customers “no doubt scared” during affray in takeaway shop

The Mount Gambier Magistrates Court heard Matthew John Barbour, 38, had allegedly been attacked by the victim and three others earlier in the day on October 15 last year, resulting in him being kicked to the ground.

The court was told the victim and his three accomplices were leaving a funeral at the time of the attack and both Barbour and the victim were intoxicated.

Several hours later, about 8pm, Barbour was approached by the victim and a woman as he was sitting in a local takeaway shop.

The fight broke out about 8pm at the Noodle Sushi Bar. (ABC South East SA: Jack D Evans)

The court heard a verbal altercation followed, escalating into a physical confrontation in which Barbour attempted to punch the victim five times, grabbed the woman’s hair and swung at the man with two butter knives.

Customers ‘no doubt scared’

Magistrate Koula Kossiavelos said the punches did not land, but Barbour also threw a number of objects including knives, chairs and sauce bottles.

The fight was witnessed by four workers and two customers who Magistrate Kossiavelos said would “no doubt have been scared” during the attack.

The court building in Mount Gambier.(ABC South East SA: Jack D Evans)

Barbour pleaded guilty to an aggravated affray and was placed on a 12-month good behaviour bond with no conviction.

When sentencing, the magistrate said a conviction could affect Barbour’s future job prospects and hurt his young family.

She also took into account that the male victim was the aggressor in both attacks.

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