A PUNCH that left a man lying unconscious on the ground at a fast food restaurant in Mount Gambier has led to the violent attacker being jailed for four months.
Tyson Gavin McRostie, 21, appeared in the Mount Gambier Magistrates Court on Tuesday to be sentenced after earlier pleading guilty to two counts of assault causing harm.
The prosecution said in the early hours of April 16, McRostie was at a fast food restaurant with friends when he became involved in an altercation with another man.
Security camera footage played in court showed the defendant throw a vicious blow to the head of the victim, who had his hands in his pockets at the time.
The punch caused the victim to propel backwards into an object before falling forwards onto his face and lying unconscious for a significant amount of time.
Following the punch, McRostie launched a barrage of punches at a second victim who tried to intervene after the blow.
The second victim received a laceration to the left eye, which required stitches and a bruised forehead.
The prosecution sought $950.20 and $472.70 compensation for medical expenses for each victim.
McRostie’s lawyer said his defendant was extremely remorseful for his actions and understood the consequences were horrific.
He said the defendant has stopped drinking alcohol and engaged in an online anger management course since the incident.
At an earlier hearing, McRostie’s lawyer gave evidence in court claiming the first victim had provoked him by making derogatory comments about his family.
The prosecution did not accept the submission and a facts dispute was held this week to determine whether McRostie’s evidence could be accepted.
McRostie gave evidence in court suggesting the victim had spat on him and made insulting comments regarding his family.
The victim was called by prosecution to give evidence and refuted the claims that he would ever behave in such a manner.
“It is not something that I would do,” the victim said.
Magistrate Anderson made a finding that she could not accept the fact the victim spat on the defendant or made the comments McRostie suggested.
“You have only been able to think of things that would minimise the seriousness of the offending,” Magistrate Anderson said.
“I can’t make a finding of fact about anything that was said.”
Magistrate Anderson indicated she was willing to sentence on the basis there was something that inflamed McRostie for him to act in such a violent manner.
Despite this, Magistrate Anderson said the assaults were still extremely serious.
“You king-hit him at a time when he had his hands in his pockets and was in no way a threat to you,” Magistrate Anderson said.
“He was left lying completely prone on the ground for a considerable amount of time.”
Magistrate Anderson said she had to impose a deterrent penalty because too many violent incidents were fuelled by alcohol.
“There was a risk of serious injury or even death to him,” Magistrate Anderson said.
“People in the footage could be seen shocked and distressed after the incident.”
McRostie was sentenced to nine months and two weeks for both the assault charges.
Magistrate Anderson ordered McRostie to serve four months of the sentence in jail with the balance of five months and two weeks suspended on him entering a $500, two year good behaviour bond.
He will be supervised for 12 months of the two year bond on release.
An intervention order was also made to protect the first victim.
