Zachary Thomas avoids immediate jail for Hindley St assault

It’s Adelaide’s premier nightclub strip but, 18 months ago, it was the scene of two simultaneous acts of drunken violence. One man died, another was affected forever — and this man has avoided jail.

Zachary Thomas outside the Adelaide Magistrates Court. Picture: Sean Fewster.

• Zachary Thomas pushed or pulled his victim to the ground …
• … while, just 42m away, Jack Hanley was punched and killed …
• … but the puncher insists he acted in self-defence.

They occurred on the same night, almost simultaneously and separated by less than 50m — but the two incidents of drunken violence had very different outcomes.

Just after 5am on December 10, 2017, Jack Hanley’s head struck the Hindley St footpath so heavily, after a full-force punch, that the impact could be heard across the intersection.

At the same time, outside KFC, Zachary Thomas pushed a complete stranger to the ground, leaving him with a fractured skull and multiple brain bleeds.

Mr Hanley, inset, died, and his alleged killer is awaiting a judge’s verdict – on Tuesday, Thomas left the Adelaide Magistrates Court with a suspended prison term.

“I’m obviously very sorry and remorseful for what’s happened … nothing like this will happen again,” Thomas told The Advertiser outside court.

“I wish (the victim) all the best … I hope he has a good recovery.”

Thomas, 24, of Springton, pleaded guilty to recklessly causing harm to another person, whom The Advertiser has chosen not to name.

His counsel had urged the court to show mercy, saying their client should be sentenced in a different, less-harsh manner than a person who delivers a punch.

Jack Hanley died in an incident that occurred at the same time, just 42m down Hindley St. Picture: Supplied by Mr Hanley’s family.

The man who allegedly punched Mr Hanley – Reece Watherston – pleaded not guilty to manslaughter and is awaiting the Supreme Court’s verdict.

In sentencing on Tuesday, Magistrate Simon Smart said Thomas’ actions were unjustified.

“(The victim) was sitting outside KFC and was asked for some food … he provided some chips, and then he was asked for some money,” he said.

“He said ‘no’ and turned around to leave … you said ‘I can sort him out’ and (then) he was on the ground with blood coming out of his head as you stood over him.”

He said the man spent the next month in the Hampstead Rehabilitation Centre, and continued to struggle with the “emotional, physical, psychological and financial” consequences.

“Your act was deliberate, and you were aware of the substantial risk that your conduct could result in harm,” he said.

“It occurred in a public place notorious for assaults of this kind, often involving young men, late at night, affected by liquor – as you were.

“Conduct such as this is a matter of legitimate public concern … it can have serious consequences, as in this case, and sometimes fatal outcomes.”

Mr Smart jailed Thomas for seven months, but suspended that term due to his remorse, prior good character, lack of offending and good rehabilitative prospects.

He ordered Thomas serve a 18-month, $1000 good-behaviour bond.

Originally published as Zachary Thomas avoids immediate jail for Hindley St assault