Three men involved in a vicious attack on a teenage girl, her boyfriend and her father which stemmed from a minor traffic grievance have been sentenced to jail - but one has the chance to avoid more time behind bars.
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Ben Fuller, Tray Naylor and Jason Leigh Weldon appeared at Wollongong District Court on Friday to learn their fates for their actions on July 30 last year, which hospitalised one of their victims with a collapsed lung.
That morning, a 20-year-old man was leaving his 19-year-old girlfriend's home in Campbell Street, Woonona when both he and a car driven by Fuller had to brake to avoid a collision.
Fuller went up to the young man's open window and said: "What are you doing c--t? Are you trying to hit me or something?" before he began punching him.
He demanded the car keys, then went back to his car and drove to a nearby block of units.
Meanwhile, the man returned to his girlfriend's home and told her what happened.
She went to the units and called out to Fuller, who responded by grabbing her by the throat and punching her in the face twice before she was able to run home.
Her father went to a unit that Fuller had entered and said: "Where's the bloke that just punched my daughter?"
Weldon's mother tried to pacify her son but he, Fuller and Naylor pushed past her.
Fuller punched the father who retaliated by hitting him back, which caused him to fall to the ground.
Weldon then began punching the man, while Naylor punched the girl's boyfriend and kicked him in the ribs when he fell to the ground.
The father tried to pull Naylor off the young man and the pair began wrestling, before Weldon hit the older man with a tree branch.
As the melee moved towards the street, Fuller ran at the father and they fell to the ground.
Naylor picked up a skateboard and struck the man, stomped on his back and kicked him in the ribs.
All three aggressors then descended on the man and kicked him.
"You're about to die c--t, how does that feel?" Naylor said as the brutal assault continued.
When the man's daughter - who had begun filming the attack - called emergency services, Weldon punched her in the face.
In the aftermath of the assault, the older man was taken to hospital suffering widespread bruising, swelling, a cut to the head, fractures and injuries to his lungs.
He had to have a drain inserted in his chest and spent four days in hospital.
Fuller, Weldon and Naylor each pleaded guilty to recklessly causing grievous bodily harm in company and common assault.
Fuller also pleaded guilty to assault occasioning actual bodily harm, and the judge took into account the offence of demanding property with intent to steal when sentencing.
Judge Andrew Haesler denounced Fuller's behaviour towards each of the victims, which all stemmed from a "gross overreaction to a perceived minor traffic discourtesy".
"No matter what was said or done, he was in the wrong," Judge Haesler said.
Regarding Naylor's actions, he said: "I thought it was an axiom for everyone in our community that you don't hit someone when they're down".
In sentencing, Judge Haesler noted that all three men suffered childhood deprivation and were raised in environments where violence, substance abuse and antisocial attitudes were common.
Fuller, born in 1983, had a criminal record that contained many matters of violence and he had gone to jail several times.
In evidence to the court Fuller showed some insight and remorse, Judge Haesler said, but these crimes occurred while he was out from custody on conditional release.
Naylor, born in 1998, went into custody last July but was released on bail in December to attend residential rehabilitation.
He made progress, but breached his bail and was returned to custody in May.
Meanwhile Weldon obeyed his strict bail conditions which Judge Haesler said demonstrated his ability to lead a law-abiding life, despite previous jail sentences having failed to deter him from this offending.
Judge Haesler said he appeared to have positive goals to motivate him, including the impending birth of his child.
Judge Haesler sentenced Fuller to three years imprisonment with a non-parole period of two years dating from last July, making a finding of special circumstances to allow for a longer period on parole.
He sentenced Naylor to two and a half years in jail, with a minimum term of one year and seven months, taking into account his previous time in custody and rehabilitation, as well as special circumstances.
Meanwhile, Weldon was sentenced to two years and three months' imprisonment to be served in the community through an intensive corrections order.
This is on the condition he be of good behaviour, engage in programs and interventions as directed, accept a referral to the Aboriginal medical service, and see a GP for a mental health care plan.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
