A MAN who was involved in a fatal pub brawl at the Eildon Holiday Resort in 2017 has been spared jail time after his case was heard in the Victorian Supreme Court.
Zachary Pedlar has had manslaughter chargers downgraded earlier this month after medical evidence could not prove that the victim, Gregory Mitchem, collapsed from a concussion.
The fight broke out on the night of October 20 2017 after Eildon Holiday Resort owner Stuart Longhurst asked Mr Peldar's uncle, Timothy Fielden, to leave.
Mr Fielden was taken outside after he refused and patrons followed.
A scuffle broke out and Mr Peldar and Mr Mitchem both fell down the stairs and fell unconscious.
Mr Mitchem's wife went to help him and was hit by an unknown person, falling unconscious as well.
When the three regained consciousness, Mr Mitchem became angry that his wife had been hit and started fighting with a variety of people.
As the fighting stopped, Mr Pedlar and Mr Fielden began walking home, however another person chased them and knocked Mr Pedlar to the ground with a punch.
Mr Pedlar returned to the venue and punched Mr Mitchem in the head, knocking him to the floor.
Mr Mitchem was not able to be revived and he died in the early hours of October 21.
In the Victorian Supreme Court, Judge Elizabeth Hollingworth gave Mr Pedlar a community corrections order for 18 months which includes 100 hours of unpaid community work and mandatory treatment.
"Unfortunately, drunken altercations between groups of men are all too common in our society," Justice Hollingworth said during sentencing.
"People can end up dead or seriously injured, families can be devastated, lives can be ruined.
"You did not start the altercation, but you and others were far too ready to join in with your fists in an angry, alcohol–fuelled state."
