A man provocatively offering a woman chicken wings at his wife's 42nd birthday was the trigger to the night erupting into violent chaos, a court has heard.
Subscribe now for unlimited access.
or signup to continue reading
Shane Adam Goulder, 43, faced Wollongong Local Court on Thursday where a decision was handed down from a hearing in which the events of March 20, 2021 were laid bare.
Five witnesses took to the stand on December 1 last year, each with different versions of what happened on the night in question.
Magistrate Claire Girotto found from the evidence that Goulder and his wife were celebrating her birthday with a group of friends at their Kilncar Crescent home.
She accepted Goulder made inappropriate comments towards a guest's wife which made the couple feel uncomfortable.
Magistrate Girotto said Goulder was "provocative" in offering chicken wings to the woman, saying "you know you want it" as he thrust one towards her mouth.
This frustrated her husband, who bashed his fist on the kitchen bench and confronted Goulder.
Magistrate Girotto accepted the men challenged one another to fight, however the victim's wife discouraged him from engaging.
The man and woman started walking to the front door, but Goulder believed the fight was still on and rushed at the man.
Goulder unleashed punches at the man's head, causing him to fall into the glass door, Magistrate Girotto said.
During the scuffle, Goulder also bit the victim with force. The fight continued outside with two neighbours witnessing the incident.
Emergency services were called to the scene and the victim was taken to hospital with a punctured lung, bite marks and other injuries - which led to a stay in the ICU.
Magistrate Girotto accepted the evidence provided by the victim was consistent with his "serious" injuries.
But she didn't believe Goulder kicked him in the testicles, labelling parts of the witnesses testimonies as "exaggerated".
"I could not find evidence to injury of the testicles," Magistrate Girotto said.
She did not believe Goulder was acting in self-defence, or that his violence was necessary, adding there was no evidence of him sustaining injuries.
"Consensual fighting that involves serious injury is still a crime," Magistrate Girotto said.
"They were both having a pissing competition ... and (Goulder) was exercising terrible judgement."
She found Goulder guilty of common assault occasioning actual bodily harm and intimidation intending to cause physical or mental harm, and not guilty of one count of the latter charge.
He was fined a total of $1200.
Read more Illawarra court and crime stories here.
Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
