Austin Sullivan to appeal nine-month jail sentence over glassing at Cabbage Tree Hotel

A Horsley man set to challenge his jail sentence over a glassing at Fairy Meadow’s Cabbage Tree Hotel last year will remain behind bars after being refused appeals bail.

Austin Allan Sullivan was sentenced to a minimum nine months jail in Wollongong Local Court on Friday after pleading guilty to a charge of reckless wounding stemming from the September 9 incident.

In imposing the prison term, Magistrate Michael Stoddart rejected a plea by Sullivan’s lawyer, Kirby Powell, to have the sentence suspended, saying the seriousness of the matter and Sullivan’s poor criminal record warranted full-time jail.

“This was at a birthday party...the victim could have lost an eye,” he said.

Court documents said Sullivan and the man were guests at a birthday celebration at the pub when the pair got into an argument while sitting opposite each other at one of the outside picnic tables just before midnight.

The victim stood up and grabbed hold of Sullivan, who stepped back and pushed the schooner glass he was holding into the victim’s face, causing a deep, bloody laceration to his right cheek.

Several patrons came to the man’s aid. He caught a taxi to Wollongong Hospital, where he claimed he waited seven hours without treatment, prompting him to return home. He went to Corrimal Medical Centre the following morning where he received seven stitches.

The victim reported the incident to police on September 11 and Sullivan was arrested two days later.

Ms Powell said it was clear from Sullivan’s criminal record that he had alcohol issues that needed to be addressed. 

“Alcohol has been a contributing factor to most of his offences,” she said.

In arguing for bail, Ms Powell said Sullivan had complied with his previous bail conditions and needed his liberty to look after his disabled mother.

However, Magistrate Stoddart noted Sullivan had a poor record of compliance with court orders in the past.

The appeal will be heard in Wollongong District Court next month.