A man who was involved in a 2017 pub brawl that killed a 51-year-old man in north-east Victoria has been spared jail time.
Frankston man Gregory Mitchem was singing and dancing with his wife at a pub motel beside Lake Eildon on the night of October 20, 2017.
Later that night he lost consciousness after being punched by then-18-year-old Zachary Pedlar and could not be revived.
Victoria's Supreme Court today heard the violence began when Eildon Holiday Resort owner, Stuart Longhurst, asked another patron, Timothy Fielden, to leave the venue for anti-social behaviour.
Mr Fielden allegedly became abusive, and Mr Longhurst "grabbed him by the neck" and took him outside.
Pedlar, Mr Fielden's nephew, followed the pair outside, as did Mr Mitchem and other patrons.
Judge Elizabeth Hollingworth said they became involved in a dispute that was none of their business.
'Angry, alcohol-fuelled' fight
A scuffle broke out in which Pedlar and Mr Mitchem fell down the stairs and lost consciousness.
When Ingrid Mitchem went to help her husband she was hit by an unknown person and also fell unconscious.
Mr Mitchem woke as the venue owner, wielding a pool cue, told everybody to leave.
But the Frankston man became angry when he discovered his wife, who had woken, had been hit in the scuffle.
Mr Mitchem and Mr Fielden removed their shirts, Justice Hollingworth said, and fighting continued between the men, Pedlar, and others.
The judge said Pedlar was throwing punches "indiscriminately".
Eventually, the fighting stopped and Mr Fielden and Pedlar began walking home.
But at this point, another patron chased them and punched Pedlar, knocking him to the ground.
Enraged, Pedlar ran back to the venue, towards Mr Mitchem, and punched him in the head.
Mr Mitchem fell backward and hit his head on the ground.
"You were heard saying, 'I don't care, he fucking deserved it'," Justice Hollingworth said to Pedlar during sentencing.
Bystanders and paramedics could not revive Mr Mitchem, who died at 12:40am on October 21, 2017.
The court heard Pedlar had no memory of the evening after he was temporarily knocked unconscious.
"Unfortunately, drunken altercations between groups of men are all too common in our society," Justice Hollingworth said during sentencing.
"People can end up dead or seriously injured, families can be devastated, lives can be ruined.
"You did not start the altercation, but you and others were far too ready to join in with your fists in an angry, alcohol-fuelled state."
Charges downgraded, guilty plea
Pedlar was charged with manslaughter in 2019, nearly two years after the incident.
That charge was downgraded to affray shortly before a trial was due to begin in March, after it became clear medical evidence could not exclude the possibility Mr Mitchem collapsed from a heart attack rather than concussion.
Pedlar, now aged 23, an apprentice and father of two, pleaded guilty to the affray charge and was sentenced to an 18-month community corrections order.
The order includes 100 hours of unpaid community work and mandatory treatment to address alcohol abuse, impulse control, and anger.
Justice Hollingworth said Pedlar's age at the time of offending was taken into consideration in sentencing, as well as his guilty plea and prospects of rehabilitation.
