Toby Mitchell slapped with curfew for restaurant assault
Ex-bikie Toby Mitchell has been slapped with a fine and a curfew instead of jail time for assaulting a man in a Melbourne restaurant.
The former Bandido club member has to pay $951 and cannot leave his home between 10pm and 6am for six months after earlier pleading guilty to one charge of unlawful assault by kicking.
Mitchell also has 15 more months of a pre-existing community corrections order to complete.
He and the man became involved in a dispute after the latter made derogatory comments to two women with Mitchell, the court was told.
The women said the man "was being a creep" and the trio complained to management.
Mitchell ended up pushing and slapping the man before more blows were thrown and the man fell to the ground.
The ex-bikie then kicked or stomped on his head.
Mitchell's defence argued he had acted in self-defence and his violent response was influenced by post-traumatic stress disorder, after being shot in 2011.
The victim did not suffer any significant injuries.
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