Three years jail for glassing at Mooroopna pub
A man has been jailed after a 2019 attack left his victim in intensive care for nine days.
A jury found Michael Muller, 61, of Mooroopna, guilty of recklessly causing serious injury during the incident at the Cricketers Arms Hotel on the night of 30 June 2019.
Muller pleaded guilty to common law assault and was sentenced to three years and nine months in jail. He has already served 129 days and will be eligible for parole after two years and four months.
The court heard the assault began after the victim pushed Muller in the chest while they were talking at the bar.
CCTV footage showed Muller swing the schooner glass he was holding into the side of the victim’s head and then hit him with a bar stool, with the victim lifting his arm to protect himself.
The victim’s cousin took him to Shepparton hospital just after midnight, where he was then airlifted to the The Alfred hospital in Melbourne.
Emergency surgery on part of his skull was required to extract a shard of glass. He remained in intensive care for nine days.
A recent medical report shows the victim had “significant and ongoing” health issues including vision issues, difficulty swallowing, and impaired memory and mobility.
On 12 April 2022, Judge David Sexton said in his sentencing remarks that he was satisfied Muller had “reacted instantly to a perceived threat” but called his actions indefensible.
Several family members submitted “impressive” character references of Muller and Judge Sexton said he didn’t see him to be a violent person by nature.
The Judge took into consideration the delay in his matter coming to trial, his remorse, good prospects of rehabilitation and his deteriorating physical health.
The court heard Muller had no prior convictions for violent offending but he did have a “modest” criminal history, with three drink driving charges from the 1990s and some minor nuisance or behavioural matters.
The Tongan born Muller is now at risk of being deported once released from jail.
Irit Jackson, 14th April 2022
