Two brothers who pleaded guilty to assaulting a publican following a funeral, received identical sentences when they appeared together in Orange Local Court on Monday.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Dylan John Dean, 23, and Wilson Thomas Dean, 20, both of Obley Street, Cumnock were represented in court by solicitor Mason Manwaring and were charged with affray, destroying and damaging property and assault causing actual bodily harm in the company of others.
Speaking on behalf of the brothers, Mr Manwaring handed magistrate Terry Lucas several references that attested to the brother’s characters, expressed shock and disbelief at their behaviour and included witness statements about the assault that suggested the publican had spoken to the men aggressively before being assaulted.
“The two co-accused attended a fairly large funeral in the area and went to a wake then they and about 40 people went to a pub,” he said.
“While there they were having a beer and the publican was outside having a beer and he approached and stated one of them [Wilson Dean] was barred for life, he said ‘no it was three months and it’s up’.
“They were having a drink and were approached by an aggressive publican.”
Mr Manwaring said both men entered pleas of guilt at the first opportunity and were both people of good character.
“They should have just left, the publican had the right to ask them to leave,” he said.
“I understand he is no longer the publican of the establishment.”
According to police facts, the brothers attended the funeral of a family friend in Cumnock on December 20, 2016, and following the wake they went to one of the town’s hotels at 5.30pm.
The facts stated Wilson Dean was banned from the hotel, due to previous incidents, so the publican told him to leave but the conversation became heated and Dylan Dean became involved.
Dylan Dean then punched the publican in the face and and his brother hit him in the back of the head.
Mr Lucas sentenced each brother to 12-month good behaviour bonds for the affray and assault charges and were fined $400 each for smashing schooner glasses as they left the hotel.
“If a publican tells you to do something you do it,” Mr Lucas said.
“The court can wonder what would have happened if you hadn’t had too much to drink.”
This article has been changed to correct the name of the brothers’ solicitor.
