Jaydon Leigh Somerville and Daimen Tealai sentenced for Maroochydore assault

The father of an assault victim who was brutally attacked after he slapped a woman for refusing him a cigarette said he was disappointed with the “lenient” punishment.

A Hervey Bay man who stomped on his victim’s head after he fell to the ground has been handed a “lenient sentence” for the brutal attack.

Jaydon Leigh Somerville and Daimen Tealai’s joint assault that left a 22-year-old victim with a broken, cheekbone, nose and tooth was described as “highly unnecessary violence”.

The victim had tried to enter a closed service station on Maroochydore Rd, Maroochydore, to buy cigarettes when he saw the two accused walking with a woman after a night on Ocean St.

The victim asked the woman for a cigarette and when she declined he slapped her in the face and pushed her into a bush.

Both defendants ran after the 22-year-old man who took off his shirt and “shaped up” to fight.

The court heard the pair “quickly overpowered” the man then kneed and kicked him in the face.

Somerville then stomped on the victim’s head before Tealai intervened and stopped his friend from continuing the assault.

The victim needed surgery after the attack.

The victim’s father – who was present in court for Somerville’s sentence – was disappointed with the punishment handed to the 24-year-old.

“I would have liked to have seen Jaydon get some prison time because of the head stomping,” he said.

“That just didn't happen in my day, once you went to the ground that was it.”

The man said his son didn’t remember slapping the woman before she was assaulted.

“He doesn't have a history of pushing or slapping females,” he said.

The father said CCTV footage he found didn’t reflect what the court said his son did.

Jaydon Leigh Somerville pleaded guilty in Maroochydore District Court to committing grievous bodily harm back in 2019. Picture: Sunshine Coast Daily

Somerville was due to be sentenced alongside his co-accused in December, 2021, but had his matter adjourned when Judge Glen Cash expressed concern about him being unrepresented.

Crown Prosecutor Alex Stark gave his submissions on the matter in December when he described the assault as “disproportionate”.

“It certainly becomes unlawful at the point the victim is on the ground,” Crown Prosecutor Alex Stark said.

Somerville’s barrister Simon Lewis said the assault was out of character for the then 21-year-old who had not reoffended in the two and a half years since the assault.

“I’ve suggested the intoxicated Mr Somerville’s perception that he was defending his female friend’s honour … cultivated the excessive reaction to the complainant” Mr Lewis read from a psychologist report.

Mr Lewis said a three-year sentence with an immediate parole release date would reflect his client’s more serious involvement in the assault.

“It would seem it was my client who likely inflicted the blow that has caused injury,” he said.

Mr Lewis said Somerville wasn’t employed or in a position to pay compensation but was planning to move to Brisbane for better work opportunities.

Somerville, who had a difficult childhood, lived with his mother in Hervey Bay.

The court heard Somerville had written an apology letter to the victim and his family.

Judge Cash agreed Somerville was likely the person who inflicted the victim’s serious injuries.

“The injuries inflicted have had and will continue to have substantial adverse effect upon the victim of this assault,” he said.

Mr Cash noted the victim provoked the attack, but described Somerville’s response as “clearly excessive”.

He described Somerville as a young man who had prospects of moving on from the offence and contributing to society.

Mr Cash said he could order Somerville to serve actual time behind bars but instead imposed a three-year sentence with an immediate parole release date.

“Having regard though to the sentence imposed on Tealai and the report from Dr Eshuys I propose to impose what would be considered by many as a very lenient sentence,” he said.

Somerville was not ordered to pay any compensation.

Daimen Tealai pleaded guilty in Maroochydore District Court to committing grievous bodily harm back in 2019. Picture: Sunshine Coast Daily.

Tealai, who was considered to have a lesser part in the assault was sentenced to two and a half years’ prison suspended immediately for three years in December, 2021.

He was ordered to pay $3000 compensation to the victim.