Restaurateur sentenced over Macca’s punch-up
A restaurant owner in up-market Paddington committed an "act of gratuitous violence" when he drunkenly assaulted a customer in another restaurant, a court has heard.
Tony Vito D'Alessandro, who owns Italian eatery Il Posto, faced court today to plead guilty to assaulting police and common assault while adversely affected by alcohol.
D'Alessandro had been drinking with a customer at Il Posto when he visited McDonald's in Milton just after midnight in June, the court heard.
Intoxicated, he began pestering customers before grabbing one, dragging him to the counter and pushing him in the chest.
The victim punched D'Alessandro in the face, breaking his nose and the men fell to the floor fighting. Two bystanders intervened and D'Alessandro began fighting with them.
Police prosecutor Snr Sgt Karen Hall said D'Alessandro was "very aggressive and hostile" to responding officers.
"The defendant looks at the constable and stated words to the effect of' who the f--k are you and I'm looking you in the eyes you f---ing motherf---er," she said.
As he was handcuffed he kicked the officer in the knee, she said.
Less than two weeks beforehand D'Alessandro had crashed his Vespa while driving unlicensed and with an alcohol level 0.216, which saw him placed on probation.
His criminal history included a common assault conviction from 2010 for punching a Fortitude Valley strip club manager.
D'Alessandro's solicitor Justin Sibley, of Sibley Lawyers, said his Italian-born client struggled with alcohol and was under stress from COVID-19 affecting his restaurant
"His behaviour, his character whilst under the adverse influence of alcohol is very different to the person who he is when he's sober," he said.
"He's a man who is otherwise a very upstanding member of the community."
He said his client was deeply remorseful.
No one was injured in the assaults except D'Alessandro, the court heard.
Magistrate Belinda Merrin said many people were affected by COVID-19 but did not act out.
"You just committed what really was a gratuitous act of violence," she said.
"It does seem very clear to me Mr D'Alessandro if you drink you're a risk to the community."
She said when not intoxicated it seemed he could be a "law abiding, contributing member of the community".
Ms Merrin sentenced him to three months prison, wholly suspended for nine months, and 40 hours community service.
Originally published as Restaurateur sentenced over Macca's punch-up