An Oak Flats man found guilty of kicking and punching a Albion Park Rail restaurant owner, while his companions filmed the violent assault, has been allowed to serve a term of imprisonment in the community.
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Leslie Campbell, 19, was sentenced to an intensive corrections order for one year and ten months for an assault occasioning actual bodily harm on February 9, 2021.
At 7.10pm on that date, a man was walking north with his wife on the Princes Highway in Albion Park Rail.
One of Campbell's companions asked the man for a cigarette, which he denied. The man then lit a cigarette which Campbell grabbed from his hand and threw it to the ground.
The man and his wife crossed the road before turning around to see Campbell following him.
Outside 175 Princes Highway, Campbell approached the man and pushed him to the ground.
Campbell then began to punch the man who was lying on the ground multiple times in the head and upper body. Campbell also kicked the man in his head.
Campbell's companions yelled at him, telling him to get the man's cigarettes. The man's wife tried to protect him but was unable to intervene and stop the unprovoked assault.
Campbell and his companions then left the area as passers-by stopped to help the couple.
The man was taken by ambulance to Shellharbour hospital where he was treated for soft tissue injuries to his upper lip and swelling to the right side of his face and chin. The man was discharged with a slight concussion.
The next day the man returned to hospital for a CT scan, which revealed a bleed to the brain, an acute subdural haemorrhage.
Two days later, police received information that video of the assault had been posted to social media. One of Campbell's companions had filmed the vicious assault and police were able to identify Campbell based off the shoes he was wearing which he was wearing when he robbed Tramps the Store in Wollongong a fortnight before.
With the footage circulating online, Campbell turned himself in to Lake Illawarra Police Station on February 12 where he was arrested and charged.
Sentencing Campbell on Friday in Wollongong District Court, Judge Andrew Haesler said that Campbell's offending would have serious consequences.
"You're playing first grade now," Justice Haesler said.
In sentencing Campbell by way of an intensive corrections order, Justice Haesler took into account Campbell's plea of guilty and engagement with support services.
However Justice Haesler also noted that Campbell had committed another act of public violence five days before at Wollongong train station that left a man with serious injuries.
Justice Haesler also said the victim of Campbell's actions suffered ongoing effects of the assault and that a similar head injury could be fatal.
Telling Campbell that he had "a lot of growing up to do", Justice Haesler said he needed to distance himself from those who would encourage him to commit crimes.
Quoting South Park character Eric Cartman, Justice Haesler had some advice for what Campbell should say when he is with companions who may lead him to commit crimes.
"Screw you guys, I'm going home."
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