A SPONTANEOUS act of violence at a local fast food restaurant by a young Mount Gambier man will see him serve seven months and nine days imprisonment on home detention.
Tyson Samuel Gordon, 20, appeared in the Mount Gambier Magistrates Court today to be sentenced for assault causing harm after a home detention report was ordered on August 2.
The offending related to an incident at a fast food restaurant in the early hours of April 6 when a fight broke out after the defendant had spent a night out partying.
The prosecution said another offender “king hit” a person in the restaurant, knocking him out, before Gordon launched “quite a vicious and serious attack” on different victim
“He jumped over the top of the first victim before using a flurry of punches to attack another man,” the prosecution said.
Security camera footage showed the victim staggering back into furniture, however Gordon continued to assault him with a barrage of punches and knees to the head.
Magistrate Teresa Anderson said despite the fact the victim was no threat to either of the offenders, Gordon continued with a number of forceful blows.
“You continued on with a violent assault well past the point there was a threat to anybody,” Magistrate Anderson said.
The court heard the victim received injuries to the head, a gash to the eye, bruising to the face and had a black eye for 10 days.
An ambulance also had to attend the scene and the victim requested compensation of $472.40 from the defendant.
“You are lucky the injuries were not more serious,” Magistrate Anderson said.
Magistrate Anderson said the defendant was not coming to the aid of a friend or family, but instead just chose to become involved in the incident.
“It was violence to the extreme in a public place,” Magistrate Anderson said.
“It must have been frightening for other people at the fast food restaurant to see a fight like this break out.”
Despite Magistrate Anderson accepting the fact the defendant was remorseful and regretted the incident, she could not ignore the seriousness of the assault.
“The circumstances of the offending are serious and require the imposition of a term of imprisonment,” she said.
Gordon was convicted and sentenced to seven months and nine days imprisonment.
“I am prepared to exercise my discretion to allow the sentence to be served on home detention,” Magistrate Anderson said.
