Hany Sbat, 23, broke the nose and cheekbone of one guard with his elbow as he tried to flee the South Bank casino after being refused entry to the gaming floor.
Melbourne Magistrates Court heard that Sbat, who earlier booked a room at the Crown Metropol Hotel, turned hostile towards several guards and repeatedly “encroached on their personal space in an aggressive and antagonistic manner”.
The prosecutor told the court numerous other guards attended and tried to escort Sbat away, but he responded by pushing at some and punching one to the face with a closed fist.
Sergeant Adams said guards then tried to restrain Sbat as he ran to a nearby exit and when one attempted to intercept him, Sbat raised his elbow and struck him in the face.
Guards then took hold of Sbat and restrained him but he continued to react violently until his hands were secured and he was led to a holding area.
Barrister Tom Sawyer, for Sbat, of Greenacre, NSW, argued before magistrate John Doherty that the injury to the guard who sustained the facial breaks was not so serious to support a charge of recklessly causing serious injury.
This was opposed by Sergeant Adams, who produced a Department of Justice guide that defined injury and serious injury, and noted that Sbat also had two “relevant” prior court appearances.
The court heard that the injured guard had later sustained sleep apnoea and fatigue, but could not be contacted about making a possible victim impact statement.
Mr. Doherty, who viewed CCTV footage of the incident, found that whether the injury was serious or not, Sbat’s offending did not warrant a jail term and that a substantial fine was appropriate.
Mr. Sawyer said his client, who has been banned for life from the casino, was “in the wrong place at the wrong time” and was not proud of his conduct, but submitted that after the first punch he was “withdrawing” and when he raised his elbow there were nine guards present. [Source: theage.com.au]