Brayden Santarossa sentenced to jail but released instantly after leaving man with serious injuries in Pottsville Tavern face off

A Qld builder stinging for his lost tobacco pouch at a northern NSW pub has been jailed – only to be instantly set free – after punching a man so severely it caused a brain bleed.

Brayden Paul Santarossa, 24, outside Tweed Heads Local Court prior to his sentencing. Picture: Sam Stolz.

A builder stinging for his lost tobacco pouch at a northern NSW pub has received a prison sentence after punching a man so severely he suffered a brain bleed and perforated eardrum.

The offender walked free moments after being taken away sobbing in handcuffs in a bizarre turn of events.

Brayden Paul Santarossa, 24, was sentenced on Monday at Tweed Heads Local Court over the brutal assault.

On Monday, September 8 2023, Santarossa and a group of friends were drinking at the Pottsville Tavern in northern New South Wales, police state in court documents.

One of Santarossa’s friends borrowed his tobacco pouch and went out to the smoking area, however, he left the pouch on a table by accident.

Realising his pouch was no longer in the smoking area, Santarossa and his friends began to trawl the venue, asking patrons if they had seen it.

Santarossa and his friend verbally abused and argued with a man in the pokies area claiming he had the pouch, although at the time the man denied it, the documents state.

The same man was walking past the pool tables and the pouch fell out of his pocket.

Pottsville Tavern, or the 'Potty', as known by locals. Picture: Google.

The man allegedly told Santarossa he was going to “f--k” him up and Santarossa knocked the man out cold with a right-handed punch.

The blow was so forceful the victim fell back and smashed his head on the concrete, the court was told.

Shocked by what he had done, Santarossa turned himself into police at Tweed Heads Police Station about 11pm.

He was held in custody and charged with affray, reckless grievous bodily harm and assault occasioning actual bodily harm.

The victim refused medical treatment at the scene and initially refused to give a statement, police state.

He was eventually convinced to present at Tweed Heads Hospital, where on examination he was found to have a perforated eardrum, bleeding and bruising on the brain and associated swelling and build-up of fluid on the brain.

The man’s extensive injuries impacted his ability to work and he is now partially deaf in his right ear.

Brayden Paul Santarossa, 24, with his parents outside Tweed Heads Local Court on July 29. Picture: Sam Stolz.

Santarossa’s lawyer told Magistrate Geoff Dunlevy his client was “extremely remorseful” and had moved to Far-North Queensland in an effort to distance himself from past behaviours.

He “accepted full responsibility for his actions” and had “good prospects of rehabilitation”, Santarossa’s lawyer said.

However, Magistrate Dunlevy said: “The degree of harm suffered by the victim was very much toward the upper end”.

“Whilst it was a single blow, it was unexpected and committed with sufficient force.”

“It is the type of conduct that warrants public condemnation, particularly given it happened in a licensed premises,” he said.

“Unfortunately, it is an offence of a serious nature and the court must recognise the harm done to the victim.”

Magistrate Dunlevy said he took into account an early guilty plea and positive character references. He also noted Santarossa had a partner and meaningful employment as a builder at Airlie Beach, Queensland.

Santarossa was sentenced to 18 months jail with a non-parole period of one month. A conviction was recorded.

However, because Santarossa’s parole period was backdated, it had already expired, therefore allowing him to apply for parole immediately.

He was escorted by police in handcuffs from the courtroom, sobbing as his parents watched on.

But Santarossa was released just an hour later, after applying for immediate parole, and was seen walking out the front of the courthouse with his parents.

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