Jed Silvester, 22, appeals sentence over savage assault at Drifters Wharf in Gosford

A Central Coast first grade rugby league player has told a court he is “not a violent offender” from jail as he appealed his sentence over a savage attack at a Gosford music venue.

Jed Silvester, of Ettalong Beach, appealed a jail sentence over a charge of assault occasioning actual bodily harm at a Gosford music venue.

A Central Coast rugby league player jailed for a savage bashing at a Gosford music venue could be released from jail just over two months into his sentence.

Jed Silvester appeared via audio visual link from custody to appeal his jail sentence at Gosford District Court on Monday.

Silvester, of Ettalong Beach, was sentenced to 12 months full time imprisonment with a non-parole period of six months at Gosford Local Court in December.

The 22-year-old, who played first grade with the Woy Woy Roosters last season, pleaded guilty to one charge of assault occasioning actual bodily harm after viciously bashing a man in the bathroom of Drifters Wharf on February 12, 2022.

An agreed set of facts tendered to the court stated that Silvester said to the victim “you’re a dead c**t, I will kill you” before the victim said “leave me alone”.

Jed Silvester appealed his sentence after a savage bashing at Drifters Wharf.

Silvester punched the victim’s face two to three times before throwing him to the ground and punching him to his body and head.

The victim was taken to Gosford Hospital for injuries which included a swollen eye, 2-3cm cut above his eye, bruised ribs and elbow and a lump to the right side of his head.

Silvester, who has spent the past 54 days in jail, gave evidence during his appeal hearing, telling the court “my emotions got the better of me that night”.

“I’m not a violent offender, I have seen violence all my life,” he told the court.

“That night I drank to the extent and my emotions got the better of me.”

Silvester said his memory of the incident was affected by alcohol, however accepted he was the instigator and was seeking justice for a friend.

“We both slipped over really as soon as we got hold of each other and then it got broken up and I left the nightclub straight away,” he said.

The assault happened at Drifters Wharf. Picture: Facebook

“I do regret what I have done and realise what I have done.”

The court heard Silvester’s partner was pregnant with their first child and he was keen to support her and continue to work as a power engineer and develop his business in labour hire.

“I want to set a good role model for my kid and everyone around me really,” he told the court.

“This isn’t the place where I want to be. I want to be out in the community.”

During the appeal, Silvester’s defence lawyer said the offence was aggravated by the fact Silvester was on a community corrections order for a charge of destroy/damage property.

He had also just completed an Intensive Corrections Order (ICO) sentence for a charge of affray relating to a cowardly attack on a man outside the Bayview Hotel a Woy Woy in 2020.

Silvester’s lawyer asked Judge Tanya Bright to consider the time Silvester had spent in custody and the potential for the remainder of his sentence to be served via an ICO in the community to help address mental health issues due to his traumatic childhood.

Jed Silvester played for the Woy Woy Roosters first grade side in 2022.

He told the court Silvester was remorseful for his actions and that he did not have a “significant” criminal record.

“He drank too much and it’s not an excuse in any way, shape or form,” he said.

“There’s an alcohol issue that underpins this which would benefit from appropriate intervention.”

The Crown prosecutor told the court that Silvester’s attitude towards the offence showed a “pattern of minimisation”.

“The offending was unprovoked … the victim attempted to diffuse the situation,” he said. “It involved multiple blows to the head.”

Judge Bright said the facts disclosed serious criminality.

Judge Tanya Bright heard the appeal at Gosford District Court. Picture: David Swift

“This was yet another example of alcohol fuelled violence at local license premises,” she said.

“Stern sentences must be imposed upon individuals who offend in this way to deter such behaviour which simply cannot be tolerated in a civilised society. Members of the community must be able to go out at night without being accosted and injured.”

Judge Bright did not make formal orders however said she intended to sentence Silvester to an ICO with a condition of home detention for the remainder of his sentence.

She said the sentence addressed the seriousness of the offence, appropriate punishment and Silvester’s good prospects of rehabilitation.

Conditions will include 200 hours of community service and for Silvester to abstain from alcohol and seek treatment.

Judge Bright ordered a home detention assessment and will make formal orders on February 20 2023.