BEHIND BARS: A man who attacked his former cellmate has been sent back to jail.
BEHIND BARS: A man who attacked his former cellmate has been sent back to jail. AlexVan

'Unprovoked' punching of past cellmate puts man back in jail

A MAN was left red and swollen after his former prison cellmate punched him repeatedly on a Stanthorpe street.

Lawyer Phil Crook told the magistrate in Warwick Magistrates Court last week that Alan Edward Lyons and the man had remained acquaintances after leaving prison.

But Mr Crook said the man started rumours about Lyons that resulted in Lyons being kicked out of the house he shared with his girlfriend.

"In that context he was downtown and then obviously quite angry at what had happened," Mr Crook told the court.

When Lyons saw the man in March, he reportedly punched him twice in the mouth and in the back of the head before walking away.

Lyons, 30 from Stanthorpe, pleaded guilty to assault occasioning bodily harm and one count each of unlawful entry of vehicles and unlawful possession of weapons - which were not related to the assault.

The court heard the weapons charge was related to knuckle dusters found in Lyons's car, which were reportedly not his.

Police prosecutor Steve de Lissa said Lyons had been sent to jail in the past for offences involving violence.

He said in this instance the attack was unprovoked.

"I'm not suggesting it's a king hit, the victim knew it was coming but it was still unprovoked," Sgt de Lissa said.

He said time in jail was "well within range" for the offence.

Lyons had already spent five days in custody, but magistrate Bevan Manthey ordered him to spend more time behind bars.

Lyons was sentenced to 12 months in jail, to be suspended after one month.

"It's not the king hit coward punch, there's a fair bit of history there," Mr Manthey said.

"It is an assault, it is in a public place."

Mr Manthey said Lyons had some issues to sort out

"With your history they'll keep biting you on the ass," he said.

Lyons was convicted on the unlawful entry and weapons charges but was not further punished.