The former Mongols senior figure's two-month jail sentence was thrown out before the County Court of Victoria this morning, with the 47-year-old instead ordered to undertake a one-year community corrections order.
He had been handed the jail sentence in the Melbourne Magistrates' Court in December after pleading guilty to common law assault for attacking a man at an Echuca pub on November 28.
Mitchell was arrested over the attack at his Southbank home on December 14, when the court heard he refused to comply with the conditions of the police search warrant and provide the passcode to his iPhone.
On the day of the assault, Mitchell was celebrating his 47th birthday at the American Hotel in Echuca with more than 100 of his Mongols associates, with the bikies in the regional town for a charity ride.
The court heard Mitchell was sitting at a table with a female friend inside the pub about 10.25pm when the victim began talking to them and walked over to their table.
After a discussion between Mitchell and the victim, the ex-bikie boss struck the victim to the face, causing him to fall to the floor.
The court heard Mitchell claimed he hit the man with an open hand, while prosecutors allege it was a closed fist.
Judge George Georgiou said a conclusion could not be determined from CCTV footage of the altercation.
The victim then got up and approached Mitchell again, leading to Mitchell slapping him in the face.
The victim did not report the incident to police or provide a statement.
Mitchell's lawyer argued the victim had been pestering Mitchell and the woman, and that Mitchell had been defending her.
"A wiser head would have walked away," Judge Georgiou told the court today.
However, the judge noted, "the offending occurred in the heat of the moment, without any premeditation".
"(Mitchell) lost his temper and struck out at a person who had, in all probability, become a nuisance and was behaving in a provocative manner," Judge Georgiou said.
The court heard Mitchell had complied with onerous bail conditions since December 14, including not attending any premises where alcohol was served, despite there being no suggestion he was drunk at the time of the assault.
Judge Georgiou agreed to throw out the jail sentence but did not accede to Mitchell's lawyer's request for simply a fine.
Mitchell was ordered to undertake a community corrections order with counselling and to pay $2500.
He risks being resentenced to a jail term if he commits any offences while on the order.
https://news.google.com/__i/rss/rd/articles/CBMiowFodHRwczovL3d3dy45bmV3cy5jb20uYXUvbmF0aW9uYWwvdG9ieS1taXRjaGVsbC1leC1iaWtpZS1ib3NzLXN1Y2NlZWRzLWluLWhhdmluZy1qYWlsLXNlbnRlbmNlLXRocm93bi1vdXQtYWZ0ZXItYXNzYXVsdGluZy1tYW4vZjlmYTcxYmQtM2NjZS00NWQ1LTgxNGQtYzE4YTAyMGYzZTc20gFFaHR0cHM6Ly9hbXAuOW5ld3MuY29tLmF1L2FydGljbGUvZjlmYTcxYmQtM2NjZS00NWQ1LTgxNGQtYzE4YTAyMGYzZTc2?oc=5
2022-04-12 05:33:09Z
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