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Man jailed after brutal bashing of a Western Downs pub manager

A Miles pub manager was knocked to the ground and has his head kicked during a brutally vicious attack from a drunk patron.

Darryl Michael Douglas Himstedt reportedly spilt his drink and was told to leave by staff after causing a disturbance, but he then approached the manager and punched him twice in the head, stunning him at 10.50pm on October 31, 2020.

Himstedt then kicked him in the head while he was down and was pushed away by a witness.

He later told police at 1.10am the next day, “I don’t care who the fuck he is, I’ll kick that c--t.”

Police prosecutor sergeant Heather Whiting told the Roma Magistrates Court on February 4 that Himstedt stated the manager was being disrespectful to his girlfriend.

“The defendant told police that him being required to leave was a racist act,” sergeant Whiting said.

Solicitor Laurie Parker said, on Himstedt’s instruction, that the manager said, “you can fuck off you black c--t.”

But sergeant Whiting said there’s no evidence of this.

“They were happy to give him... very powerful drinks, and they probably should’ve cut him off,” Mr Parker said.

“That’s very poor behaviour from the management.”

Mr Parker told the court this doesn’t excuse Himstedt’s behaviour.

Himstedt has seven kids in his care, many with significant educational challenges.

He was last sentenced for violent offending in November 2015, has a 12 page history, breached a number of probation periods, and was just off of parole in August 2020.

Sergeant Whiting submitted that Himstedt could serve actual custody due to his history, and the aggravations of ‘kicking a man while he’s down’, and committing the offence in a licensed venue.

“As a prosecutor, it’s quite difficult to be headed into a corner if that’s the most appropriate sentence,” sergeant Whiting told the court.

“I do know that Mr Himstedt works well with the youth in our community... it’s basically prosecutions’ submission, due to general and personal deterrence, that an actual term of custody is certainly not out of range.”

Roma Magistrate Peter Saggers said the only option for him is an actual term of imprisonment.

“It was completely unnecessary, irrespective of what was said to you,” Magistrate Saggers said.

Himstedt pleaded guilty to assault in the Chinchilla Magistrates Court at an earlier day and Magistrate Tracy Mossop committed him to the Roma District Court to deal with a suspended sentence he allegedly breached.

Magistrate Saggers sent Himstedt to jail for 12 months and he won’t be eligible for parole until May 4, and will also have to perform 120 hours of community service.

He had his conviction recorded.

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