Rugby player Danny Smith sentenced for violent assault

A former St Brendan’s College student and soon-to-be-father who “shared many celebratory drinks” at his baby shower later unleashed a violent attack on an unsuspecting stranger outside a Central Queensland pub.

Danny Shane Smith faced Yeppoon Magistrates Court on February 29.

Rugby union player Danny Shane Smith has been sentenced for violently assaulting a nightclubber in an attack a magistrate said could have ended in death.

The 31-year-old pleaded guilty in Yeppoon Magistrates Court on Thursday to assault occasioning bodily harm in public while intoxicated.

Police prosecutor Brandon Selic said about 12.50am on January 21, security at The Strand Hotel, Yeppoon, “ushered” Smith outside after he had consumed “a decent amount of liquor”.

Mr Selic said Smith then sat on the garden wall to the entrance of the beer garden on Anzac Parade before he fell asleep on the ground.

“Security had to wake him and get him off the ground,” Mr Selic said.

“A torch was shone into his eyes and he got up.”

Mr Selic said security staff spoke to Smith about his options to get home.

Then about 1.25am, the male victim who Smith did not know, exited the hotel via the door where Smith was sitting on the garden bed wall.

Mr Selic said the victim stood in front of the hotel before walking away, past Smith.

“The victim got around the corner - out of sight of (Smith),” Mr Selic said.

The prosecutor said the victim was unaware that Smith had followed him into Normanby Street where Smith “tackled him around the legs from behind.”

As a result, the victim fell and hit his face on the concrete, causing a tooth to chip and his lip to split, Mr Selic said.

The Strand Hotel, Yeppoon.

The court heard that after the pair had got to their feet, Smith again took the victim to the ground on the roadway.

“The victim attempted to run away from (Smith) but (Smith) kept running towards him,” Mr Selic said.

The court heard bystanders intervened and the pair were separated before police arrived.

Police saw the victim had blood on his face and a cut to the nose as well.

Smith had no criminal history.

The prosecution sought $1000 compensation for the victim and a 12-month banning order at The Strand Hotel for Smith.

Solicitor Matthew Mallet said Smith was educated at St Brendan’s College, Yeppoon, and he worked as an electrician on a seven days on, seven days off roster.

Mr Mallet said Smith had a keen interest in rugby union and he was eagerly awaiting the arrival of his first child in a couple of weeks.

Danny Shane Smith.

The solicitor said on the day of the incident, Smith had been at home with his partner celebrating their baby shower with friends and family.

“My client advises he shared many celebratory drinks throughout the course of the day and while caught up in the responsibilities of hosting the event, neglected to eat,” Mr Mallet said.

“After the baby shower, my client and his friends opted to continue their celebrations, which led them to The Strand Hotel.”

Mr Mallet said Smith recalled being “extremely intoxicated” to the point where he fell asleep outside the venue.

“During this period of impaired judgment, my client advises he recalls hearing derogatory remarks from the victim.

“In response and without disputing the remarks, my client tackled the victim.

“My client advises he would never intentionally do harm to a person, but accepts that he was the cause of the victim’s injuries, and he is deeply embarrassed by his conduct.”

Mr Mallet said what Smith did was “extremely out of character” for him and supporting character references were tendered to the court.

He noted the altercation did not escalate to any punches or kicks and said Smith was willing to pay the $1000 compensation to the victim.

After viewing the character references, Magistrate Philippa Beckinsale said she accepted what happened was out of character for Smith.

Ms Beckinsale said alcohol consumption explained his behaviour but did not excuse it.

“You are lucky that the victim was not hurt worse,” Ms Beckinsale said, adding that being tackled on a grass field was not the same as being tackled on bitumen.

“One punch can kill, but one tackle also when you bring someone to the ground when they hit their head.”

Ms Beckinsale ordered Smith perform 100 hours of unpaid community service and pay $1000 compensation to the victim.

She also banned him from The Strand Hotel for 12 months.

No conviction was recorded.