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Different crime so no prison

A MARYBOROUGH dad who was convicted over a stoush between a "violent group of piano removalists" and a customer, has narrowly escaped jail.

Scott Patrick Barton was serving a two-year suspended sentence for his part in what Judge William Everson described as a "strange" series of events which ended in a man being seriously assaulted.

While Barton himself did not physically lay a punch, he was convicted of assault occasioning bodily harm in company and warned that if he returned to court, the sentence would be activated.

The Maryborough District Court heard yesterday Barton had breached the conditions by adding to his "appalling" traffic history with an unlicensed driving offence.

Barton's defence barrister said his client had recently picked up work as a furniture removalist.

Judge Everson said that while he wouldn't like Barton to be moving anything for him, he accepted he had not played a violent role in the original offence.

He said that had Barton's criminal history read like his driving history, he would have been in jail, but as the breaches were not for offences similar to the one he was previously convicted of, he was satisfied it would be "unjust" for him to activate the two-year suspended sentence.

Instead, the operation period the suspension was imposed for a further year.

Topics:  crime, maryborough court




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