LUCKY MAN: Tyson Bartley punched the air and grinned as he left the Emerald Magistrates Court after avoiding spending time in jail.
LUCKY MAN: Tyson Bartley punched the air and grinned as he left the Emerald Magistrates Court after avoiding spending time in jail. Kelly Butterworth Emecourt

Skull breaking 'thug' punches air after avoiding jail

TYSON Joseph Bartley spent Wednesday waiting with bated breath after he pleaded guilty to two counts of assault occasioning bodily harm and one charge of public nuisance on Tuesday.

After being told he needed to go back yesterday to present proof he was seeing a counsellor, and also a reference from his employer, Bartley walked out of Emerald Magistrates Court with a three-year probation order hanging over his head, as well as four months' imprisonment with immediate parole, 120 hours of unpaid community service, a 12-month banning order from all licensed premises in Emerald, and $1500 in compensation to pay to the men he assaulted on August 15.

One of the men Bartley assaulted was flown to the Royal Brisbane and Women's Hospital with a fractured skull and bleeding on the brain.

The other victim, who Bartley "roundhouse" kicked in the face outside the BP service station in Emerald, was taken to hospital with swelling to the side of his face.

Bartley told Magistrate Jeff Clarke he was "deeply remorseful" and was "not proud of what I've done".

Mr Clarke stressed to Bartley just how close he had come to spending actual time in prison.

"My first inclination was simply to lock you up," Mr Clarke said.

He said Bartley behaved like a "drunken thug" and said only "time will tell" if he is truly remorseful for his actions.

He also told Bartley he was being put on a "very short leash" and escaped spending time in prison by the "finest of margins".

Bartley apologised for his actions.



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