A Wollongong healthcare worker jailed - then bailed - over a horrific glassing at a Fairy Meadow pub has been returned to custody to serve out her jail sentence after losing a severity appeal in the NSW District Court.
Emily Mortlock was sentenced to at least six months behind bars in Wollongong Local Court in July after admitting to glassing the son of Illawarra surfing legend Terry Richardson during a confrontation at the Cabbage Tree Hotel in July 2018.
Court documents said Mr Richardson was at the pub with his sons after a buck's party when their group got into an argument with Mortlock, her boyfriend and two others over the use of the pub's pool tables.
It's alleged one of the Buck's party group began making derogatory remarks towards Mortlock and her female friend, prompting a verbal stoush between both sets of friends.
CCTV footage from the pub shows Terry Snr and his son, Terry Jnr, approach the fracas and the younger Richardson shove Mortlock's boyfriend in the chest.
Mortlock, who was standing less than two metres away, immediately throws a glass at Terry Jnr, hitting him in the left side of his face and causing the glass to shatter.
The incident sparked an all-in brawl, which was quickly broken up by staff.
Terry Jnr was taken to hospital where he underwent surgery to remove glass fragments from his face.
His injuries included a severed tear duct, a lacerated eyeball which required five stitches, bruising to his eyeball, a 2cm cut above his left eye, a 1cm cut on his eyelid and multiple lacerations to his face from shards of glass.
Mortlock was charged with reckless wounding, to which she pleaded guilty.
Her hopes of serving her sentence in the community were dashed when she was handed a full-time jail sentence last month, prompting her to lodge an appeal.
The 29-year-old, who has since been fired from her job in frontline administration at the Wollongong Hospital emergency department, sought bail at the time but it was denied, and she remained in custody for a week before being released by the NSW District Court.
However, her liberty was short-lived, with Judge Chris O'Brien finding the Local Court sentence had been just and appropriate given the serious nature of her offending.
"I don't believe purposes of sentencing would be properly met by [Mortlock] serving a sentence in the community," he said.
"There needs to be a strong message of deterrence that people who strike members of community with glasses in licensed premises and cause serious harm, must be met with penalties that have real meaning."
"If I'd been presiding over the case, I would not have imposed a sentence that was any different to what the magistrate imposed."
Mortlock will be released on parole in February 2020.