A Wollongong man who kicked a teenager in the head outside the Hostage X night club on Crown Street in February has successfully appealed the length of his jail term.
Tony Pondevski was originally jailed for a minimum 18 months over the drunken, unprovoked attack, which left the male victim with serious facial fractures.
The incident was captured on the city’s CCTV cameras, which showed the 18-year-old victim sitting on the pavement on Crown Street when he was approached by Pondevski and another man.
After a short conversation and without any indication, Pondevski kicked the teen in the face with ‘‘full force’’, before he and the other man walked away, leaving the victim on the ground.
Pondevski pleaded guilty in Wollongong Local Court earlier this year to one count of assault occasioning actual bodily harm and was given a maximum two years’ jail, with an 18-month non-parole period.
He appealed the sentence on the basis it was too severe.
Yesterday, Wollongong District Court judge Paul Conlon agreed the prison term should be reduced.
However, he rejected a request from Pondevski’s lawyer, Melissa Humphreys, to instead have him enter into an intensive correction order, which would have allowed Pondevski to escape spending any time behind bars.
‘‘The message needs to be delivered in the clearest possible terms that anyone who commits an unprovoked attack on innocent citizens should expect to go to jail,’’ he said.
‘‘In considering all the evidence before the court, I am satisfied no penalty other than full-time prison is appropriate in this case.’’
He reduced Pondevski’s non-parole period to six months, and the overall prison sentence to 18 months.
Ms Humphreys yesterday said her client’s 17 days behind bars so far had been tough and he had also been assaulted while in custody.
She said he was very sorry for his actions and he had told a treating psychologist that he wished he could take back what he had done.