A21-year-old Victorian man has narrowly avoided conviction for aggressively recklessly causing harm to another person.


He was sentenced in the Mount Gambier Magistrates Court last week by Magistrate Koula Kossiavelos.


He was represented by lawyer Jarrad Sim with Pero Kolundzic from the Mount Gambier Police Station prosecuting.


The charges were originally an aggravated offence of endanger life and aggravated cause serious harm with intent in other circumstance but they were downgraded in September this year.


The court heard the defendant was at a Mount Gambier football clubroom on August 4, 2023 when he strangled an 11-year-old boy from the visiting club, causing him to pass out.


While Prosecutor Kolundzic said the defendant was demonstrating his martial arts skills.


“We say the victim was picked up and lifted off his feet and a chokehold type event was applied. I think he was trying to demonstrate something to these kids,” Prosecutor Kolundzic said.


“We do not think this is necessarily ill will against the victim, we do think that it was an oversight, a serious one but an oversight and we would not want to see his life ruined.”


However, Mr Sim argued that that could not be proven and that he was “skylarking” and giving the victim a “noogie”.


“It was not a demonstration, I do not know how they could possibly prove that and get inside his mind,” Mr Sim said.


Magistrate Kossiavelos said although the charge was serious, luckily the impact was short lived.


“No victim impact statement has been provided but I am sure an 11-year-old would have been scared in relation to what happened to him even if it was done in jest,” she said.


The defendant was issued with a $200, 18 month good behaviour bond and no conviction.