Police v Kylin Morey and Benjamin Hall (2014) H&FLR 2014-23
Albury Local Court
1 April 2014
Coram: Greenwood M
Appearing for the Prosecutor: Not known
Appearing for the Defendants: Not known
Catchwords: Australia – New South Wales – prominent football player – affray – sentence
Facts: The defendants pleaded guily to affray in connection with two assaults at the Boomerang Hotel on 26 October 2014. Morey had repeatedly struck one man who did not retaliate, and another who tried to intervene. He threw a table at the second man as he was being escorted off the premises. Hall, his friend, had also been ordered to leave the Hotel, but ran back inside and struck another patron, rendering him unconscious. Morey gave evidence that he had been too drunk to remember the incidents. Evidence was given that Morey had argued with members of another group prior to the fight.
Morey was decribed in one account as a “Hume football premiership hero”, having kicked eight goals for the Brocklesby-Burrumbuttock ‘Saints’ in their premiership win over the Holbrook ‘Brookers’. In connection with the assault, he expressed remorse and embarassment.
Held: The court described the matter as ‘really troubling’. In connection with Morey, Her Honour noted that a gaol term would have been imposed but for his plea of guilty and the fact that he had voluntarily gone to police and admitted his involvement. In relation to Hall, she noted that a blow rendering someone unconscious may cause fatal injuries*
Morey and Hall were both sentenced to 150 hours community service for affray. Hall was also fined $1500.00 for being an excluded person on licensed premises.
Written reasons are not available. Details in this report have been taken from the Newcastle Herald of 19 February 2014 and the Border Mail of 2 April 2014 at p. 7.
* Cf R v William John Lovel(Supreme Court of Victoria, Hollingworth J, 16 October 2013, reported in Shepparton News, 22 October 2013 at p. 1 and Campaspe News, 22 October 2013 at pp. 1 and 3)