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'Unprovoked attack' condemned

06 Oct, 2009 04:23 PM
TWO men are facing up to four years in jail after pleading guilty to bashing a 21-year-old Keilor Park man outside the former One nightclub in Moonee Ponds in July last year.

Daniel Dinsdale, 22, of Wildwood, who lived in Greenvale at the time of the incident, and Corey Godino, 21, of Meadow Heights, pleaded guilty in the County Court on Friday to one count of recklessly causing serious injury. They are due to be sentenced on November 4.

Crown prosecutor Peter Triandos told the court Dinsdale and Godino attended the nightclub on Sunday, July 20, and became involved in an altercation with the then 20-year-old victim, Matthew Carland, of Keilor Park.

The court heard the co-accused became angry after Mr Carland placed a hand on the shoulder and leg of a female workmate.

An altercation ensued before Dinsdale and Godino were ejected from the premises by security.

The court heard Mr Carland was later heading south along Ascot Vale Road when he was attacked by the men.

Mr Triandos said Godino punched the victim repeatedly to the face until he fell while Dinsdale kicked him in the stomach. He said both men kicked the victim in the head while he was lying on the ground - a claim denied by both accused.

The court heard Mr Carland was dragged off the footpath by ambulance officers and taken to The Alfred hospital with serious head injuries and fractures to the body.

He spent three days in hospital and has since made a full recovery.

Dinsdale and Godino were arrested at their homes during the following week. In statements made, both men admitted to being highly intoxicated at the time and had begun drinking earlier in the night.

They claimed to have little recollection of events because they had "blacked out" and had too much to drink.

The court heard evidence from Dinsdale's father, Ronald, a former motocross rider, who claimed an injury sustained by his son, an aspiring rider, when he was 17, was partly responsible for his behaviour.

"He never did have any drinks when he was younger and obviously when he walked away from the sport he had a few," Mr Dinsdale said.

"He [has now] realised what he's done and the direction he was heading was not the way to go."

Judge Joe Gullaci slammed the unprovoked attack.

"People should realise that if they behave in this way they'll go to jail. The message needs to be sent out loud and clear," he said.

"We're living in a community that's under siege. It beggars belief that people continue to offend in this way.

"Your client could have easily found himself in the Supreme Court charged with murder."

Defence lawyer Paul Guggenheimer, acting on behalf of Godino, said his client had experienced a difficult childhood and was remorseful for his actions.

"If there is a lucky aspect to this particular matter, the victim Mr Carland seems to have recovered completely."

Mr Guggenheimer told the court his client, a carpenter, had a good work ethic and bought his own house as a 19-year-old before selling due to the pressure of the impending court case.

"On the basis of his background and history and good work ethic he does have good prospects of rehabilitation. He's genuinely remorseful."

Crown prosecutors suggested a minimum of one to two years and a maximum of two to four years' jail.

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