Man blames concert for attack on McDonald’s security guard
A MAN who allegedly harassed women at a Cairns McDonald's before attacking a security guard, leaving him bloodied, did so after getting drunk at a concert, a court heard.
Martin Ray Atkinson, 38, was sentenced in Cairns District Court to a community-based order after pleading guilty to one count of assault occasioning bodily harm.
The court heard the Bentley Park man was at Cairns Esplanade McDonald's about 12.30am on December 2 last year when a security guard asked him to leave because of allegations he was harassing women.
Atkinson started recording the security guard after telling him to "f..k off".
He was then escorted out before turning around and punching the guard on the mouth, leaving him bloodied and needing stitches.
CCTV footage of the incident was also played to the court on Tuesday.
He had written a letter of apology and deposited $1000 in compensation to the victim.
Judge Paul Smith sentenced Atkinson to a six-month intensive corrections order that requires him to undergo psychiatric and psychological treatment.
In his remarks, Judge Smith said Atkinson was argumentative and the security guard was "acting quite reasonably".
"You went to a concert that day, you got drunk. One of the songs re-emerged emotions in you and that led you to going to McDonald's," Judge Smith said to Atkinson.
Judge Smith said he considered the offender's criminal history, which includes violent offending about three months before the December assault.
"I strongly recommend that you don't drink and go out and get into strife," Judge Smith said. "If you do, there'll be actual jail next time."
Judge Smith also considered Atkinson's good work history and recent diagnosis of PTSD suffered from a 2009 assault.
Earlier in the hearing, photos showing the injuries to the victim were tendered to the court.
Crown prosecutor Gelma Meoli said the security guard had to use force to get Atkinson out of the venue and that the offender's criminal history included common assault and public nuisance.
"Clearly, when he's drinking he behaves in an unsavoury way," Ms Meoli said.
Defence barrister Michael Dalton said his client was getting treatment for "mental health issues that had a causal link with the offending".
Originally published as Man blames concert for attack on McDonald's security guard