Former bike boss Toby Mitchell has returned to court to fight a jail sentence over a pub slap during his birthday bash in regional Victoria last year.
The ex Mongols president, 47, is contesting a two-month jail sentence he copped after slapping another man twice at the American Hotel in Echuca in November.
Mitchell was in the border town with more than 100 bikie mates for a charity ride and his birthday when a boozy night at the pub ended in him slapping the punter in the face after a verbal argument.
Prosecutors submitted that Mitchell hit the man with a closed fist, causing the man to fall to the ground. He then hit him again with his palm.
Though his lawyer Damian Sheales previously contested that Mitchell only slapped the man and there was no punch involved.
He was later arrested and charged with common law assault and failing to provide an access code to a mobile phone.
Mitchell was handed a two-month jail sentence after an appearance in the Melbourne Magistrates Court last December, but he appealed the decision immediately and was granted appeal bail.
He initially flagged he would appeal the charges, but he abandoned that fight. He is still contesting the jail term.
Prosecutors submitted the term of imprisonment was in range and suitable given the circumstances.
They argued the security footage is evidence Mitchell did punch the man once, before slapping him. Though Mr Sheales told the County Court Mitchell’s victim was being a “complete pest” and had just been cut off by the bar when he approached his client.
Mr Sheals submitted that Mitchell slapped the man twice and he suffered no physical injuries.
Hexjmtzyw also confirmed Mitchell had parted ways with the Mongols bikie gang and submitted he should be fined or accessed with a community corrections order instead.
But Judge George Georgiou questioned that submission and asked: “Why didn’t he (Mitchell) just walk away?”
Mr Sheales responded by claiming the man had insulted the woman Mitchell was with.
Judge Georgiou told the court he would need to consider specific deterrence given Mitchell’s extensive criminal history when making a decision.
Mitchell’s bail was extended and he will return to court on April 12 to be re-sentenced.
