Mongols bikie boss knocked out in fight, court told, and bailed again
By Adam Cooper
November 25, 2020 — 7.08pm

Mongols bikie president Toby Mitchell has been granted bail after being charged over an early-morning fight in which he was knocked out.

Mr Mitchell exchanged punches with an unknown man in Southbank about 3am on November 15 while on bail for other alleged offending, Melbourne Magistrates Court heard on Wednesday.

Police say CCTV footage of the fight shows Mr Mitchell and the other man exchange words and then fight for about 40 seconds.

Detective acting Sergeant Jordan Collinson said Mr Mitchell broke free from his companions' attempt to keep him away from the other man and struck him in the face and body.

After the pair were briefly separated, the other man punched Mr Mitchell to the face and knocked him to the ground, the court heard.

Mr Mitchell appeared to be unconscious, Detective acting Sergeant Collinson said, and was dazed when helped to his feet and walked away.

Police have not identified the man who punched Mr Mitchell and no one reported the incident, the court heard.

Mr Mitchell, 45, is charged with affray and committing an offence while on bail, and the new charges have been laid on top of ones stemming from an October 4 incident, where he allegedly hit a man three times outside a South Yarra cafe. He faces affray
and assault charges over that incident.

He was last month granted bail on the charges from the South Yarra incident and on Wednesday magistrate John Bentley granted bail again but ordered Mr Mitchell to abide by a curfew so he stays home between 8pm and 6am.

"I don't want to see him in this court again because he's out drinking in Southbank," Mr Bentley said.

He said Mr Mitchell was a person of notoriety who attracted attention in public.

The magistrate also refused an application by police to revoke Mr Mitchell's bail on the charges stemming from the South Yarra incident.

Defence counsel Damian Sheales said Mr Mitchell was in hospital early this week preparing for a surgical procedure stemming from when he was shot by an unknown gunman in Brunswick in 2011.

Mr Mitchell suffered from a series of medical complications stemming from being shot, Mr Sheales said, and needed to take at least 15 different types of medication daily.

Police had opposed Mr Mitchell getting bail and argued he was an unacceptable risk and a danger to the public.

Mr Sheales said the alleged offending was not a serious example of affray.(Greg-Guess not since Mr.Mitchell got knocked out and his companions did not attack the other man.)

Mr Mitchell, who listened to the hearing on a telephone from a police station, must not associate with his Mongols clubmates while on bail.

He is due to next appear before court in March.

https://www.theage.com.au/national/victoria/mongols-bikie-boss-knocked-out-in-fight-court-told-and-bailed-again-20201125-p56hzd.html
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MITCHELL SPLASHES OUT ON POST-BAIL PURCHASE
The Mongols bikie boss is under a strict curfew after being knocked out by a homeless man — but revealed his new post-bail “best friend”.

https://www.heraldsun.com.au/subscribe/news/1/?sourceCode=HSWEB_WRE170_a_GGL_PC&dest=https%3A%2F%2Fwww.heraldsun.com.au%2Ftruecrimeaustralia%2Fpolice-courts%2Fmongols-bikie-boss-toby-mitchell-charged-over-latenight-brawl-in-southbank%2Fnews-story%
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I would suggest this homeless man get a job as a bouncer or personal protection or a security guard. I wonder if Mr. Mitchell's companions were not Mongols MC members? Sometimes I have seen patch holders around non- bikers although I have never heard of
a club Pres. hanging around non members except for business/scam purposes.

af·fray
/əˈfrā/
Learn to pronounce
nounDATED•LAW
an instance of fighting in a public place that disturbs the peace.

What is Affray?
An affray charge is generally laid by the police when a person is involved in a brawl or fight in a public place. The offence most commonly occurs where a person behaves in a manner in public which would cause others to fear for their safety, however,
the offence may also occur in private situations.

Affray is usually considered more serious than common assault and carries heavier penalties. The main difference between assault and affray is that other people fear for their safety.

If you are charged with affray, you will have to go to Court. If convicted by the Court, you will have a criminal record, and you may face imprisonment. The offence of affray carries a maximum penalty of 2 years imprisonment in the Local Court and 10
years imprisonment in the District Court.

A lawyer experienced in affray and public violence offences may be able to persuade the Courts not to record a conviction against you and have the matter dealt with by way of a “section 10” or a non-conviction Conditional Release Order.

What are the elements of Affray?
To prove affray, the prosecution must show beyond reasonable doubt that –

A person used or threatened to use unlawful violence toward another person, and That this person intended to use, or intended to threaten to use violence, and The actions would cause a person of reasonable firmness present at the scene to fear for their personal safety, and
The person did so without lawful excuse.
It is worth noting that a person of reasonable firmness need not necessarily be present at the scene and that a threat cannot be made by the use of words alone.

What are some examples of Affray?
Examples of “Affray & Public Violence” include -

Road rage
Fighting inside a pub or bar
Threatening to punch another person in public
Participating in a violent public demonstration
The actions of the person being sentenced and the behaviour of any co-offender will both be considered when determining an appropriate sentence for an affray charge.

https://www.fourtreelawyers.com.au/services/criminal-law/affray-public-violence-lawyers

The only countries that have this offence that I know of are Australia, U.K., Ireland, Bermuda and Singapore.

How did the police find out about the incident if no one reported it? At 3am who could have been fearful seeing the incident?

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