Jul 08 - Local Man Will Serve Four Years And Eight Months In Jail Following Beach Brawl
A local man was sentenced to four years and eight months in prison following a brawl at Eastern Beach, which resulted in one victim losing 50 per cent vision in one eye, and another with wounds to the head.
This afternoon, the Supreme Court heard a fight quickly escalated between defendants David Pilkington and Benito Cruz with four Spanish nationals travelling in another car on 1st March earlier this year.
Appearing for the Crown, Robert Fischel QC explained that the two cars stopped and the defendants hurled insults at the Spanish passengers. Cruz and one of the victims exchanged blows, and subsequently Pilkington pulled out a metre-long rod and used it as a weapon against the four victims, with two needing hospital treatment.
Appearing for Pilkington, Owen Smith explained that the fight escalated very quickly. He said his client was acting out of self-defence on behalf of his co-defendant Cruz, and the victims were “spoiling for a fight”.
CCTV footage of the incident was shown to Puisne Judge Karen Prescott. She said she could not accept Pilkington had acted out of self-defence, but rather hostility towards the victims for their nationality. She added that the violence was gratuitous and aimed at the victims.
Pilkington, 34, pleaded guilty to six charges, including one charge for wounding with intent to cause grievous bodily harm, one count for wounding, three counts of actual bodily harm and one count of failing to stop for a specimen.
Pilkington will be serving his sentences concurrently.
Appearing for Cruz, Justin Rodriguez said that although there was a provocation, his client pleaded guilty to assaulting his victim.
Cruz was sentenced to eight weeks in prison, which he has already served.
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