A PERTH man who spent more than eight months in prison charged with murder after he was incorrectly identified in a fatal brawl has been fined $1500 for assaulting another person involved in the fight.
Diego Hulton died in hospital days after he was attacked during a scuffle outside the Brook Bar and Bistro in Ellenbrook on February 3, 2017.
His brother Jorveth Hulton suffered injuries to his face and body, the West Australian District Court heard on Friday.
Two groups of men had an altercation in the pub’s car park after watching a boxing match between Danny Green and Anthony Mundine.
Jordan Peter Clarke, 24, was initially charged with murder after he was wrongly identified but video footage cleared him.
Clarke instead pleaded guilty to assault occasioning bodily harm for kicking Jorveth Hulton to the head but the court heard Clarke only became involved in the fight after he too had been struck.
“There’s no doubt this was a terrible situation that ended in a tragic way but that’s not what I’m here to determine with respect to Mr Clarke,” Judge Wendy Gillan said.
She said although it was not a “full force” kick on Jorveth Hulton, Clarke’s actions were inexcusable.
“You did kick a vulnerable person to the head while he was on the ground,” Judge Gillan said.
The court heard Clarke had attended prestigious Trinity College for boys, had his own business and had produced several support references.
His parents also said his actions were out of character and described the effect on him after he was charged with murder.
Judge Gillan accepted Clarke was remorseful and noted he had no criminal record.
She told him the fine would have been higher if he had not already spent time behind bars.
“Next time you really must walk away,” she warned him.
Salvatore Aaron Raimondi was previously sentenced to four years and four months behind bars over Diego Hulton’s death.