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James Ryan Gode, 21, of Russell Island severely bashes 74-year-old in shocking unprovoked attack

An elderly couple facing ongoing trauma and physical injury have pleaded with a court to keep their young Russell Island attacker out of jail, despite his “grotesque” attack.

Australia's Court System

A 21-year-old man who committed a “grotesque” early morning assault on an innocent elderly couple has benefited from his victims’ remarkable grace.

James Ryan Gode of Russell Island was supported by family when he appeared at Cleveland Magistrates Court on Tuesday.

The apprentice carpenter pleaded guilty to serious assault of a person over 60 and entering a premises to commit an indictable offence.

The court heard a 74-year-old Russell Island man found Gode standing by his vehicle about 3am on December 11, after being alerted by his wife and barking dog.

When the victim asked Gode to move on, the defendant instead started to climb over the property fence.

The homeowner managed to push Gode in the chest and off his fence but was grabbed by the defendant.

According to police, Gode grabbed his elderly victim with both hands behind his head and smashed his head onto the fence.

He pinned the man down with one hand and rained down a dozen punches to the back of his head.

A police prosecutor said the assault only stopped when the victim managed to connect with a strike of his own.

When the victim’s “terrified” wife, who had witnessed the entire event, warned she would take a photo of Gode, the defendant started to walk off but then turned around and “posed”, the court heard.

His victim was hospitalised for stitches to his ear, suffered cuts, bruises and required ongoing physiotherapy for injuries to his hand and leg, according to police.

He further suffered $2,500 dollars in financial loss from time off work and had his gold chain damaged during the event.

The man’s wife was so traumatised she still bursts into tears periodically and no longer feels safe at her own home, the court was told.

During a police interview, the defendant claimed to have no memory of his assault and stated he had drunk eight to nine whiskeys with a friend in its lead-up.

A police prosecutor said Gode’s “grotesque assault” on two elderly community members “absolutely warranted” imprisonment, despite his complete lack of criminal or traffic history.

James Ryan Gode, 21, outside Cleveland Magistrates Court.
James Ryan Gode, 21, outside Cleveland Magistrates Court.

Defence solicitor Sarah Churches-Kennedy said her client had drunk excessively on the day while experiencing significant grief following the passing of his girlfriend two months prior.

Gode worked as a carpenter’s apprentice full-time with his father and tendered three character references from family and friends of family.

Ms Churches-Kennedy said Gode was remorseful and wanted to seek counselling to address his issues.

But it was a victim impact statement delivered by the 74-year-old man, who was accompanied by his wife, that had the greatest impact on the court.

Gode’s victim said he knew people who had been imprisoned, saw the negative effect it had on them and appealed to the court to not sentence Gode to a period behind bars.

He further acknowledged he had made inquiries about Gode on the island and could not find a person who spoke ill of him.

The man confirmed his ongoing physical injuries and stated his deepest concern was for his wife who may suffer PTSD for years to come.

A suggestion that a non-contact order be made between Gode and his victims was also declined by the couple.

Gode addressed the court and apologised for the “worst” thing he had ever done.

“I am so sorry; it is the worst thing I have ever done,” he said.

“I wish I had apologised earlier.”

Magistrate Deborah Vasta noted Gode had in a few “minutes of madness” completely “shattered” an elderly couple’s sense of security at their own home that may result in years’ of PTSD.

Ms Vasta further acknowledged the victims’ remarkably “magnanimous” gesture toward Gode and hoped it would go some way in helping them heal.

Gode was sentenced to three years’ probation and ordered to complete 100 hours’ unpaid community service.

He was further ordered to pay his victims $1000 in compensation.

No conviction was recorded.

Original URL: https://www.couriermail.com.au/questnews/redlands/james-ryan-gode-21-of-russell-island-severely-bashes-74yearold-in-shocking-unprovoked-attack/news-story/87a139f03797b89b10ba5de3354016fd