A 49-year-old man has been found guilty of violent involvement in an out of control street brawl in Warilla and seriously injuring a child.
Magistrate Michael Ong found Mark Pinney guilty of assault occasioning actual bodily harm in company and common assault for his involvement in a wild daylight brawl that left a young boy with a brain injury. Pinney had earlier pleaded guilty to a charge of affray stemming from the same incident.
On Sunday, October 16, 2022 a fight broke out between young people on King Street, Warilla.
The group set upon one young boy in particular, stomping on his head and hitting him while he was on the ground.
As well as multiple young people a man Daniel Kakahi arrived on scene, threatening the young boy at the centre of the brawl with a knife.
The young boy was struck by multiple people, and was hit in the head with a metal scooter.
During the melee, Pinney ran towards the young boy and punched him in the head.
This caused the young person to fall to the ground, after which Pinney punched the boy again.
The boy's father attempted to intervene and to protect his son however Pinney punched this man as well.
Police later arrived on the scene after most of the group had dispersed, but after speaking with witnesses were able to obtain footage shot on a mobile phone which depicted the horrifying scene.
Mr Ong found that this footage, as well as the testimony of witnesses gave a clear and logical sequence of events by which Pinney became involved in the melee.
Pinney had earlier testified that at no stage did he hit the young boy and that the punch against the boy's father was in self defence.
However, Mr Ong said Pinney was "not a credible witness".
"I am not satisfied that the version provided by the accused might be true."
In Wollongong Local Court on Friday, October 20, 2023 Mr Ong found Pinney guilty on all three counts. A report will be prepared ahead of Pinney's sentencing on December 1.
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