AN evening that started with an annual get-together and ended with a club staff member seriously injured - and three generations of a family charged - involved "significant violence", a court has heard.
Alan Clive Toby, 55, and Troy Toby, 37, were each convicted of affray and intentionally damaging property when they were sentenced in Belmont Local Court on Wednesday.
The court heard that the pair, along with 75-year-old Ronald Toby, became involved in a disagreement with staff at Swansea RSL Club about 6pm on December 16, after a female musician complained about how she was being spoken to by a member of the group - which included other Toby family members.
CCTV footage played for the court on Wednesday showed a heated exchange in the foyer of the club over several minutes between the Tobys and staff.
Alan Toby and Troy Toby were kicked out of the venue.
When they saw the 37-year-old staff supervisor push Ronald Toby stumbling out of the doors, they ran back towards the premises.
The doors were locked, but Alan and Troy Toby hit them with their hands.
Troy Toby's blows shattered the glass and they returned inside, where Troy punched the staff supervisor 10 times, lacerating the man's head, rupturing his anterior cruciate ligament, and fracturing a finger.
While the attack took place, the court heard, Alan Toby held a nearby staff member by the collar and stopped him from helping his colleague.
The court heard the injured 37-year-old expected to remain in a leg brace until the end of this year.
While defence for Alan Toby on Wednesday argued his involvement in the affray was minor and he should be given "one chance" by being spared conviction due to his clean record, Magistrate Stephen Olischlager said Alan Toby prevented the staff member from stopping Troy Toby's attack on the 37-year-old.
Magistrate Olischlager said it would be "out of step" not to convict Alan Toby. He placed him on an 18-month Community Correction Order, to be of good behaviour, and fined him $1500.
"This offending occurred in a very busy venue, nine days prior to Christmas, at dinner time," he said.
"Indeed, there were a large number of patrons and large number of staff present in that foyer area.
"It was an extremely violent incident that occurred.
"If you didn't have strong subjective considerations ... the court would be looking at a jail sentence."
Defence barrister Robert Hussey said Troy Toby was "very ashamed of his conduct on the day".
Mr Hussey said Troy Toby did not have a tendency for violence and had paid for repairs to the club door.
Magistrate Olischlager sentenced Troy Toby to an Intensive Correction Order for six months, followed by another six months of a good behaviour bond. He also fined him $1500.
He said Troy Toby's actions had a "significant impact on the person you took out your violence on".
"You certainly used significant force on [the victim] so he suffered significant injuries - quite substantial," he said.
Ronald Toby was fined $700 when he was sentenced in March.
An Intensive Correction Order is viewed by the courts as a custodial sentence served in the community - they replaced suspended jail terms in NSW in 2018. The state's parole authority deals with breaches, and the offender may be ordered to serve their sentence in prison as a result of breaking their conditions.
