Aussie Gamer Avoids Jail After Admitting To Assault During A Fortnite Stream

Aussie Gamer Avoids Jail After Admitting To Assault During A Fortnite Stream
Image: Twitch (MrDeadMoth)
To sign up for our daily newsletter covering the latest news, features and reviews, head HERE. For a running feed of all our stories, follow us on Twitter HERE. Or you can bookmark the Kotaku Australia homepage to visit whenever you need a news fix.

An Australian gamer has avoided a jail term after confessing to hitting his then-pregnant girlfriend during a Twitch stream of Fortnite.

Content warning: this story contains references to domestic assault.

Luke Munday, also known as MrDeadMoth on Twitch, was given a 14-month community corrections order in Picton Local Court after admitting he was guilty of the assault in July of this year, the ABC reports.

He was charged with a single count of common assault (domestic violence).

During the sentencing hearing, Munday’s lawyer, Steven Mercael, argued the streamer acted in “excessive self-defence” and snapped.

“He’s a loving, caring person with no history of domestic violence… who unfortunately on this day just slapped his partner,” Mr Mercael said, later withdrawing the ‘just’ from his remarks after a caution from the judge.

During the stream in December 2018, channel viewers could reportedly hear Munday and his then-partner arguing. He is said to have been heard saying “fuck off dog, you don’t pay the bills” before the assault occurred off-camera in front two children, one aged 3, the other 20 months.

In January this year, Munday briefly returned to Twitch after the streaming site suspended him. Days later, Twitch re-suspended him and while it wasn’t confirmed whether this ban was permanent, his accounts on both Twitch and YouTube appear to remain unavailable at the time of writing.

If you or someone you know is suffering from domestic violence, you can contact the Domestic Violence Hotline at 1800 656 463 or the 1800Respect national sexual assault, domestic and family violence hotline.

” excerpt=”After a temporary ban from Twitch following the alleged assault of his partner during a livestream, Australian Fortnite streamer Luke “MrDeadMoth” Munday returned to the platform this week.”]


    • You have to read the previous stories, she’s been abusive toward him as well. She is not innocent, they’re both toxic pieces of shit who absolutely should never have brought children into this world together.

    • The Court can’t use prior convictions or reported history to determine guilt unless tendency evidence has been put forward. An example being the defendant has an MO to gain entry when committing burglaries and while there was say DNA evidence at one burglary the house next door didn’t have any DNA but the window was opened the same way.

      The only time criminal history would be taken into account is at sentencing. The fact that he hasn’t been convicted prior means most Courts will give a more lenient sentence. In fact the only reason this sentence was as harsh as it is would be due to the family violence nature of it. Most common assaults if convicted end in a monetary fine.

  • Would be easy to note that she was also charged and convicted with multiple counts of assault from multiple incidents.

    I can’t tell you the details because the Sydney Morning Herald has edited their original story to remove the details of her convictions (although still noting that they happened). The linked ABC article doesn’t even name her!

    This dude is trash but the reality is these things happen in trashy human relationships.

    This guy has been buried by the media and public. Cost him two sources of income and his name and face pastered on every article.
    You don’t need to have sympathy for him, but it hasn’t been fair. People hit each other, it shouldn’t be a life ruining offence for one trash person and slap on the wrist (no pun intended) for another other.

    • The media has a lot to answer for when it comes to the disparity of how they report on these matters. It makes my job that much harder when male victims of domestic violence choose not to give a statement because they fear they won’t be taken seriously.

      From experience a lot of these incidents occur between trash people you are right. I just wish people would accept that being single is better than being in a toxic relationship.

    • This guy has been buried by the media and public. Cost him two sources of income and his name and face pastered on every article.

      All the result of his own actions. I have no sympathy for him at all. He deserved it all.

      Instead of acting like a primate he should have instead gone to the police and reported his partner for DV. But he didn’t, Instead, he chose to resort to violence.

      He made his bed, He has to sleep in it. And she didnt get a slap on the wrist. She got a conviction that will be on her record for the rest of her life just like him.

      • Well I’m not going to take you on in a battle for the simplistic high road cause it seems like something you’d enjoy a little too much.

        I think you kinda missed the point though. No judge would issue him half the punishment he’s received publically whether he deserves one or not.

        The fact that he was caught on camera made it a story worth reporting. The decision to demonize him alone while glazing over the mutually toxic nature of their relationship is what I was talking about.

        If it was a one off story about the one incident that’d be fine, but it’s on the public record that she was convicted of hitting him with a kettle and breaching an AVO among other things. It’s not excusing his role to point out that some elements of the media and public have intentionally framed the story demonize him alone.

        • It’s not excusing his role to point out that some elements of the media and public have intentionally framed the story demonize him alone.

          Doesn’t matter in the slightest.

          He alone chose his actions. He made his bed, He has to sleep in it.

          Life isn’t fair.

          • Lol… A comment that I made, waited for moderation, so I edited it because of moderation hell, gets moderated straight away, while I still have posts waiting for half a week.

            (Literally just saying how I love the EB carrots on the Pokemon post)

            Never change Kotaku

          • It does matter. Or at least it should. Being provoked changes the scenario (it is a partial defense, at least in QLD). Similarly, the amount of force he used changes the scenario. There absolutely needs to be a proportional response when it comes to decisions and sentencing. A slap is worse than yelling (that may be a different argument about psychological abuse), a punch is worse than a slap, a beating with a weapon is worse than a punch and so on.

            Sure you can say it shouldn’t have escalated to the point where he slapped her. But the reality is she provoked him, and he didn’t beat her like some of the horrendous assaults. So should he be punished? Absolutely. Should it be jail? No, the scale of the assault doesn’t demand that.

            It’s worrying that either of them assaulted the other and they probably shouldn’t be together. It’s just a pity that they never got an opportunity to work through it and become mature adults (yay counselling). Whether that meant working out how to be happy together or breaking up. It’s just the fact it was so public that it’s pretty destroyed any chance of that.

        • The fact that he was caught on camera made it a story worth reporting.Moreso, the fact that he was playing Fortnite made it a story worth reporting. Video games are bad, mmkay?

    • Just piping up that I saw this in earlier reporting, too.

      His reaction was acknowledged as self-defense, she had instigated the violence by throwing things at him, but his reaction was disproportionate, which is why he was charged.

      The court noted that a factor in sentencing were the submissions by the defence that this guy had been abused by his partner on multiple occasions, and she was facing multiple charges. So he’s still scum, but it’s more complicated than just being some stereotypical wife-beating ogre. It just so happens that they’re both scum, and he’s also been a victim of his victim.

      It’s a little disappointing that this is being removed from/ignored in a lot of reporting. Hell, the judge even said that if not for these submissions by the defence, the guy might’ve gone to jail. That’s noteworthy. Why isn’t it being noted? Is it an attempt to avoid accusations of victim-blaming?

      • Because it doesn’t neatly fit the narrative that the male perpetrator is evil for the sake of it. This was a dysfunctional relationship with violence on both sides, but the media aren’t willing to acknowledge that because in their world domestic violence can be neatly boxed up with gendered language and clear blame. And to be fair, that’s usually the case – except this time it wasn’t.

        You’re right it’s probably an attempt to not be accused of victim blaming by people who are unable to think through semi-complicated issues.

        • Because it doesn’t neatly fit the narrative that the male perpetrator is evil for the sake of it

          See you kind of lose me right at the start with this really exaggerated strawman idea of what the “narrative” is.

        • Nice to see a few balanced responses to this situation, and DV as a whole. It’s not as cut and dry as the media often portrays it.

      • It’s not uncommon, DV groups will often confirm this, for DV to be two-way, the stereotype comes from a lack of willingness to believe women can be aggressors. The various groups are slowly waking up and seeking better statistics if they thought men were the main perpetrators (we’re slightly ahead but not significantly).
        The realities are far more nuanced than what we were taught previously.

        I grew up in an abusive household, my mother’s partners, so I’m speaking from my recollection of what that was like. It didn’t feel like a one-off when I saw the footage.

  • He was charged with two counts of common assault (domestic violence), domestic violence assault occasioning actual bodily harm and contravening a domestic apprehended violence order.Aren’t these charges the ones that were brought against his partner? According to the ABC article (and previous reporting on Kotaku) he was charged and plead guilty to a single count of common assault.

  • Well, if they’re both at fault, and they’re both now split up, hopefully they can learn from this and now move on with their lives and stop this kind of rot. If they’re both as toxic as each other, the only actual victim here is their kid.

    • Sadly it won’t end here. The child will keep them in each other’s lives and it will just be a game of one upmanship for the next 18 years.

      • Absolutely agree. My ex and I didn’t work out but I’m grateful to her forever and a day. We’re actually good friends, we still irk each other and irritate but we always sit down and thrash stuff out with each other, opting to talk instead of fight. When we first broke up, we literally sat down, the day she kicked me out (we were both young and stupid, both our faults), and we both decided *there and then* to keep our custody of our son out of the courts, to make it official through centerlink but to do an agreed amount per month. She’s been golden that way. I may not have liked all the boyfriends she’s had, but that’s not my business. What is my business is our raising our boy and we’ve always worked as a cohesive unit. I will give her 110% kudos that the ONE time she had a guy who actually tried to get between my son and I, where he was overstepping the line, she got rid of him pronto. She’s been bloody fantastic. We just celebrated her 40th last night, both families got together, had dinner and there was no irritation, no bad blood, just everyone getting together for happiness 🙂 So I will *always* be grateful to her for that, and giving me the best kid I could ever ask for 🙂

        That’s probably why stories like this break my heart. Because if two dumbasses like us, at 25 years of age, could put our egos aside for our newly born boy of 4 months when that happened, I guess it’s sometimes hard for me to understand why others can’t 🙁

        • Thank you for sharing your personal experience. It isn’t always easy but there are good people out there who realise being a parent means to make choices that benefit their children over themselves.

        • You actually sound like you weren’t dumbasses at 25 to be honest. What you did sounds far more mature than a lot of people even twice that age.

          • We were both dumbasses for fighting like we did, and we were dumbasses for treating each other the way we did (we took each other for granted, we didn’t appreciate each other like we should’ve etc) but when it came to our son, there wasn’t a question that we both wanted what was best for him. That’s why when he was about to start Prep, she agreed without argument to have him come live with me full time. It’s been 11 years now, they still see each other full time and it was hard for her, but he’s been with me (as she’s out near country and I’m in the city) where he has access to better education etc. But thanks for the kind words 🙂

          • Fair enough. It’s a pity more people don’t realise that incompatibility happens and that it’s no crime to just say “enough, it’s over” but to still remain amicable. Whether kids are involved or not.

  • I absolutely agree with you djbear Luke Munday will definitely have a criminal record on him for the rest of his life making it difficult for him to find work and that his dreams of working at Telstra have been shattered since his violent Fortnite assault on his 21 year old pregnant wife late last year that got him banned from playing Fortnite and that his entire YouTube channel has been shut down.
    But now that the judge has sentenced Luke to a 14 month Community Corrections Order hopefully Luke will also undergo some anger management classes to hopefully change his foul mouthed behavior because he should know that violence against women is not just unacceptable it’s a crime.

    • Violence against fellow humans is a crime. This young bloke may be the big bad everyone is calling him or, he may be the victim of a narcissistic succubus. I expect the truth to be somewhere in-between. She is already charged, as has been fairly well hidden by the media, with domestic violence and breaching a restraining order. We don’t know the truth of the relationship but everyone is quick to jump to the conclusion of he is a man so he is bad. This is a huge contributing factor to our Male suicide rates. If these imbalances affected women there would be demonstrations in the streets. Men just have to toughen up and take it like a man. This young bloke has had his life ruined by the twitterazi’s and the incredibly incompetent Australian media but, few people care he is also a victim of domestic violence. I don’t want my son to be at the mercy of this crap, I hold him to the same standard as his sister PEOPLE DON’T ASSAULT PEOPLE. The whole idea that assault against a woman is somehow so much worse just diminishes the suffering of male victims of assault.

Show more comments

Log in to comment on this story!