A drunk Albion Park Rail tradie who fractured a man's skull after knocking him out in an act of "senseless, shameful violence" inside the Towradgi Beach Hotel has narrowly avoided jail time.
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Jarryd Joseph Ellul, a 22-year-old apprentice electrician with no prior criminal record, was sentenced to a 12-month, community-based intensive corrections order in Wollongong Local Court on Tuesday on a charge of assault occasioning actual bodily harm.
As part of the order, Ellul must do 200 hours of unpaid community service work, pay a $3000 fine and continue with drug and alcohol counselling.
In handing down the sentence, Magistrate Susan McGowan accepted a submission from Ellul's barrister, Arjun Chhabra, that his client's unprovoked, alcohol-fuelled behaviour on the afternoon of February 29 was an departure from his normal good conduct and the result of his excess drinking.
"This was out of character, an aberration, which is most unlikely to be repeated," Mr Chhabra said.
He could be siting here charged with something else - it could have been a lot more serious for Ellul and the victim.
The court heard Ellul had begun binge-drinking about three years ago when his mother unexpectedly left the family unit but had not consumed alcohol since the offence and was remorseful for what he'd down.
Magistrate McGowan said both Ellul and the victim were lucky the outcome was not more serious.
"It could have been an absolute disaster," she said.
"He could be siting here charged with something else - it could have been a lot more serious for Ellul and the victim."
Documents tendered to the court reveal the victim was hospitalised for almost a week as a result of the attack, which left him with a 6cm fracture to the base of his skull, two chipped teeth and soft tissue damage to his neck.
The victim recently told police he continues to suffer significant after-effects more than five months on, including constant ringing in his head and a loss of balance.
He said he struggles to walk straight, his right eye always feel tired and sore and he finds it hard to focus with that eye. He is also seeing a psychologist due to fears of going out in public and speaking to people.
Outside court, Ellul's solicitor, Abbas Soukie, said his client was pleased with the sentence.
"Ultimately, the court accepted that Mr Ellul was remorseful for his conduct and found that as a consequence of the positive steps which he had taken towards rehabilitation, the sentence of imprisonment is better served by way of an intensive corrections order," he said.
What happened that afternoon ...
The court heard Ellul and his friends had been at a golf day prior to arriving at the pub just before 3.30pm on February 29.
The group made their way into the venue and Ellul approached the main bar to order drinks.
The victim, who was at the pub with his family, approached the same bar and ordered a jug of coke and a water.
He made his way to the corner of the bar to use the EFTPOS machine.
Ellul was blocking the man's access to the machine, prompting him to ask Ellul "can you step aside so I can pay for my drinks?"
Ellul responded "no, I'm speaking with my mates".
The victim replied "there's no issues, I just need to pay".
The pubs CCTV cameras show Ellul immediately punch the man in the face without warning or provocation.
The victim fell over and hit his head on the ground, knocking him out cold.
Bystanders went to his aid, as Ellul left the premises.
Emergency services were called and the victim was taken to hospital.
When police spoke to him in the ER waiting room, he was bleeding profusely from the head, was extremely dizzy and appeared "out of it".
Meanwhile, further police canvassed the area around the Towradgi Beach Hotel but Ellul was unable to be immediately located.
The court heard Ellul surrendered to Wollongong Police Station on March 9. He was arrested and charged but declined to be interviewed.
Meanwhile, police were highly critical of Elluls behaviour in fact sheets tendered to the court, noting the assault occurred in the afternoon, when multiple families and other patrons were present.
"The accused was influenced by alcohol whereas the victim was completely sober," arresting police said.
"The assault was unprovoked and the victim had no time to react.
"The victims head landed directly on the ground which was the main causing factor for his injuries."
