A former biker boss is back in court after he slapped another man in a Victoria area pub during a night of booze celebrations.
Former cycling boss Toby Mitchell has returned to court to fight a jail sentence for a pub slap at his birthday party in area Victoria last year.
The former Mongolian president, 47, is contesting a two-month prison sentence he received after slapping another man twice at the American hotel in Echuca in November.
Mitchell was in the border town with more than 100 biker friends for a charity ride and his birthday when a boozy night out at the pub ended with the punter slapped in the face after a verbal argument.
Prosecutors argued Mitchell struck the man with a clenched fist, knocking him to the ground. He then hit him again with his palm.
Although his lawyer Damian Sheales previously disputed that Mitchell only slapped the man and there was no punching.
He was later arrested and charged with common assault and failure to provide a cellphone passcode.
Mitchell was sentenced to two months in prison after an appearance at Melbourne Magistrates’ Court last December, but he immediately appealed the decision and was granted bail on appeal.
He initially signaled that he would appeal the charges, but he gave up that fight. He is still contesting the prison sentence.
Prosecutors argued the jail term was within the range and appropriate given the circumstances.
They argued that the security footage is evidence that Mitchell punched the man once, before slapping him. Although Mr Sheales told the County Court Mitchell’s victim was a ‘complete pest’ and had just been cut off by the bar when he approached his client.
Mr Sheals maintained Mitchell slapped the man twice and suffered no physical injury.
He also confirmed that Mitchell had split from the Mongol biker gang and said he should instead be fined or given a community correction order.
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 should consider specific deterrence given Mitchell’s extensive criminal history when making the decision.
Mitchell’s bail has been extended and he will return to court on April 12 to be re-sentenced.