Teen gets $50,000 for nightclub break-in. A drunken teenager who broke into a Sydney nightclub was awarded nearly $50,000 damages for injuries he received in an attack by the publican. Joshua Fox climbed onto the roof of the Peakhurst Inn after he had been denied access to the downstairs nightclub on April 23, 1999. He entered the on-site residence of the hotel licensee, Honeheke Gerald Newton, who lived there with his wife and two children. When Newton found the then 16-year-old intruder he struck him repeatedly with a baton-like object. Mr Fox, now 19, received injuries to his head and face, requiring surgery. The NSW District Court today awarded Mr Fox $49,049 in damages. His mother Michelle Lee Kilby, who sued for nervous shock after seeing her son's injuries on the night, also received $18,578 in damages. Mrs Kilby claimed she suffered from sweating, insomnia, episodes of crying and nightmares after seeing her son's injuries. "I am persuaded that Mrs Kilby did sustain nervous shock in that as a direct consequence of observing her son's condition she experienced an abnormal recognised psychiatric condition," Judge John McGuire said in his decision. Judge McGuire found while Mr Fox should not have entered Mr Newton's property, the level of violence used against him was unnecessary. After entering the hotel's residence, Mr Fox hid in the laundry to avoid detection but was quickly found and attacked by Mr Newton. "The plaintiff was intoxicated, argumentative and so on and that he had created a situation in which the use of force to expel him was a natural and lawful consequence of his own misbehaviour," Judge McGuire said. "However, the degree of force used was in the end unlawful and not the necessary consequence of his own condition and behaviour." Judge McGuire found Mr Newton was performing his duty as Peakhurst Inn licensee when he attacked Mr Fox and therefore the pub was liable for his actions. "Clearly he would have been expected to prevent unauthorised persons from intruding onto the premises for whatever purpose, be it to steal from the roof area, to seek illegal entry into licensed premises, to vandalise those premises or to rob the hotel," Judge McGuire said. NSW Opposition justice spokesman Chris Hartcher said the judgment sent the wrong message. "No legal system can tolerate situations where criminals are allowed to use the law for their own profit," he said. "The legal system must stand behind the home owner, not the burglar." ---------- OK, he was beaten up and required surgery. But...this kid wasn't even charged for underage drinking, or breaking and entering. At the very least he should have been charged for that. I understand his mother getting $18,000, after all she did raise him and probably needs the money.
What would her reaction be if they lived in Texas? There isn't a day I don't thank the lucky stars that I live in a state where I can legally shoot someone if they should break into my private property. Don't f**k with me, I keep a samurai sword and a bat next to my bed.
the kid is lucky he wasn't in Texas. He would have been shot. I'm not naming names, but I KNOW a few people who would have served up a cold dish of revenge and given that judge the same beating if he would have issued that verdict against them.
