Wollongong bartender Jonathan Schwenke has failed to have his jail sentence for two brutal Wollongong CBD bashings overturned on appeal.
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Schwenke and his friend Christian Nau were each sentenced in April to a minimum eight months behind bars after confessing to carrying out two separate attacks on three individuals after a drunken night out celebrating a friend’s birthday.
Nau accepted his sentence and a subsequent appeal lodged on his behalf was withdrawn.
However, Schwenke, who remained on bail, pressed his appeal in Wollongong District Court on Thursday, claiming he did not deserve a jail sentence for what he’d done.
Judge Andrew Heasler disagreed, finding that the original eight month sentence had been an adequate and appropriate punishment.
Schwenke broke down in tears on learning he would be jailed. He hugged family members in court before being led away by Correctives Services.
Graphic and confronting CCTV footage of both incidents was played in the Local Court at the time, and was again aired in the District Court on Thursday during the appeal hearing.
Court documents said Schwenke and Nau had been celebrating a friend's birthday at Fever Nightclub, where Schwenke worked, on September 16 and were leaving the club about 5am when they were racially abused by two men.
Schwenke, 21, who is of Samoan descent, and Nau, 23, who is part-Maori, told police the men had been taunting them most of the night, however Schwenke said he "snapped" when they called the pair "black bitches".
He and Nau punched and kicked the victims until one fell to the ground, motionless. Nau then kicked the unconscious man twice in the head.
The pair left the scene and walked to the Crown Street Mall, where they came across another man, who would become their third victim, sitting on the Church Street steps.
CCTV footage of the incident showed brief communication between the trio before Nau walked behind the victim and kicked him in the head. Schwenke and Nau then set upon the man, punching, kicking and stomping on his skull until he too fell unconscious.
The pair left the victim lying on the ground and made their way to Keira Street, where they are arrested over the first bashing.
Police were unaware of the second attack at the time, and Schwenke and Nau were released on police bail later that morning.
Meantime, officers identified Schwenke and Nau as the attackers in the second assault after reviewing CCTV footage.
The pair were arrested at Fever that night.
