Three young men had smiles on their faces this week after leaving court without convictions.

They were charged with assault following an incident at the Loo with a View in Mooloolaba earlier this year.

They had been labelled thugs, and if you accept they were, then the sentences were probably light. But these young men were not thugs that just decided to bash a person.

The court heard how the victim and his mates were abusing and threatening a couple of other young men when the three in question arrived.

An independent witness described a “scuffle” breaking out, with both parties involved in pushing and shoving.

The victim got hit during this fight, but the medical evidence showed that the injury to his head was caused when he fell and hit the concrete.

He later recalled to ambulance officers that he had consumed three beers but could not remember whether he had consumed any drugs.

The victim willingly engaged in the fight and was himself full of fuel; he simply came off second best.

I can speak for one of the accused in saying that he was very sorry – the injury to the victim was never intended but it was accepted that things went too far.

The smiles in the photograph which accompanied this story were more likely out of relief that the case was over and not intended to demonstrate a bad attitude, nor a disregard for the court.

The decision of the magistrate to not record convictions was a good one. Young people tend to make mistakes because they don’t have the benefit of experience or maturity.

Not recording a conviction is a reflection of the community accepting that it was a mistake and recognising that we can adequately punish these boys without needing to affect their careers or limit their social opportunities in the future.