Troy Allan Rybarczyk pleads guilty to grievous bodily harm
A court has heard how a drunk and heartbroken tradie “inflicted hell and a lot of damage” on an unsuspecting patron at a Macleay Island pub, leaving him requiring more than 30 stitches.
Redlands Coast
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A tradie has been sentenced after the business owner was caught on CCTV punching a man unconscious, while binge drinking to mend his broken heart.
Troy Allan Rybarczyk, 34, pleaded guilty to grievous bodily harm at the Cleveland Magistrates Court on September 7, 2023.
The court heard his victim was rushed to hospital, requiring more than 30 stitches and is undergoing plastic surgery.
Police prosecutor Angela Tetley said Rybarczyk had been drinking at Pub Paradise, Macleay Island on June 10, 2022.
“Rybarczyk was behaving aggressively earlier in the evening, one witness saw him take off his shirt and square up to someone,” Sergeant Tetley said.
“The victim was unknown to the defendant and as captured on CCTV, the attack was unprovoked.
“At 9.45pm Rybarczyk walked out to the smoking area and hit the victim on the right side of his face from behind, causing him to pass out,” she said.
Shortly after regaining consciousness, the victim was covered in blood and rushed to Redland Hospital, the court was told.
Sergeant Tetley said the victim’s lip was split open and his jaw was fractured.
“Jail is at the forefront of the courts mind,” Sergeant Tetley said.
“Seven weeks later he was involved in a fight with several men at Surfers Paradise, a brawl he initiated.
“During both offences he was grossly affected by alcohol.”
Defence lawyer M Lee said Rybarczyk was going through a break up and was remorseful for his actions.
“He has provided $3000 of compensation to the victim, out of his own volition, and has tried to make contact to apologise,” he said.
“He, like the victim, is a tradesperson and understand the impact that sort of injury can have.
“He runs his own trades business and is a productive member of society, this was out of character.”
The court heard Rybarczyk no longer drinks alcohol as he was “spiralling out of control”.
Magistrate Deborah Vasta said Rybarczyk “inflicted hell and a lot of damage” to his victim.
“You’re lucky he didn’t fall down, hit his head and die,” she said.
“The man was trying to enjoy a night out and ended up in hospital, just think about the expense to the public for the ambulance and hospital.
“What you did is clear to everyone (from the CCTV),” she said.
Rybarczyk said he makes poor decisions when he drinks.
He was sentenced to a nine month suspended sentence, with three months imprisonment.
Magistrate Vasta said she encouraged Rybarczyk to read a book about sobriety.
Convictions were recorded.