Daniel Gustavsson avoids immediate jail for brief but brutal Hindley St attack
A man has been sentenced for a “brutal” Hindley St assault on a man who he continued to punch as he lay unconscious on the footpath.
Police & Courts
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A man who repeatedly punched a stranger in a drunken scuffle outside a Hindley St pub will forever regret the brief but brutal assault he unleashed on another man – including while he was unconscious on the footpath.
Daniel Gustavsson, 23, repeatedly punched Corey Sommers outside the Woolshed Hotel on Hindley St about 5am on December 23 last year.
In a sentencing hearing in the Adelaide Magistrates Court, Gustavsson’s lawyer, Hugh Woods, told the court his client was “highly remorseful”.
“It’s an incident that he regrets daily,” he said.
“It’s 14 seconds that if he could take back and behave in a different way, he certainly would.”
He said less than four seconds passed between the first and last blow his client inflicted, some of which occurred while Mr Sommers was lying unconscious on the ground.
“He accepts that those remaining few punches are extremely poor behaviour,” he said.
Mr Woods said his client was not initially involved in the scuffle and was first pushed by the victim before he lashed out in return.
He said his client did not usually “frolic drunk along Hindley St” but was having end of year drinks with friends when the incident unfolded.
In an apology letter, Gustavsson said he was “truly sorry” for the pain and suffering he caused.
He has pleaded guilty to a charge of assault that causes harm.
Prosecutors told the court Mr Sommers had finished a shift as a security guard at the Royal Adelaide Hospital and was also separately enjoying Christmas drinks with friends when he intervened in the altercation.
He directed another man away from the hotel when he was set upon.
Gustavsson left but was arrested him the next morning when an alcotest delivered a reading of 0.110.
CCTV footage of the incident was played in court depicting Mr Sommers pushing Gustavsson away from the area, before Gustavsson began punching Mr Sommers. It also depicted Gustavsson lay further blows as Mr Sommers lay unconscious.
In a victim impact statement read to the court Mr Sommers, who was taken to the RAH an placed in an induced coma, described ongoing headaches, migraines, flashbacks and sleeping difficulties.
He said he could no longer work as a security guard on Hindley St, or at the RAH, because it was too difficult to see other assault victims.
“As soon as I gets dark I shut down completely and have flashbacks,” he said.
In sentencing, Magistrate Roderick Jensen said the “extremely traumatic” assault was “brutal” but brief.
“The footage demonstrates how easily a person can be injured in a brief space of time where violence is concerned,” he said.
“A brief passage of time can change the course of a person’s life significantly.”
He said Gustavsson’s behaviour “could not be tolerated” and must be publicly denounced.
He suspended a five and a half month jail term on condition of a two-year good behaviour bond.