Illawarra dad escapes jail time after nightclub king hit
An Illawarra father has been sentenced for punching a man in the head outside a Wollongong nightclub and leaving him with severe jaw injuries. See the shocking footage of the attack.
Illawarra Star
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An Illawarra dad has narrowly escaped jail time, after he king hit another man outside an infamous nightclub and left him with severe injuries to his jaw.
Brian Anthony John Foot was sentenced by Judge Andrew Haesler at Wollongong District Court on Friday, after a night at Fever Nightclub in September last year took a violent turn and left another man in hospital for eight days.
The father-of-two was charged with recklessly causing grievous bodily harm last year, after he punched a fellow partygoer in the head outside the club around 4am on September 15, 2018.
The father-of-two avoided a full time jail sentence, after Judge Haesler decided his one year and 10 month jail term would be better served in the community, ordering he complete 350 hours community service.
Shocking footage played to the court from September 15, 2018, shows Foot punch Glenn Stubbs in the side of the head outside Fever nightclub, following an altercation between the pair and two other men on the dancefloor inside just minutes prior.
Foot can be seen leaving the venue, before spotting Stubbs and walking back down Atchison Street toward him. Approaching from behind, Foot punched Mr Stubbs in the right side of the jaw as he walked past, with the force causing Mr Stubbs to fall to the ground.
After the one-punch attack, Foot told a witness he “didn’t mean for that to happen” and that he “felt bad”, while paramedics were called to assist a severely injured Mr Stubbs.
On Friday, the court heard Mr Stubbs suffered several “significant fractures” to his jaw, which required emergency surgery and an eight-day stay in hospital.
During the surgery, screws and plates were secured to Mr Stubbs jaw, which had to be wired shut for a period of six weeks, limiting him to a liquid diet.
On Friday, the court heard Foot had never been involved in any sort of crime before the attack, with his defence lawyer arguing he had a “high morale code” but was obviously affected by alcohol at the time.
“He was simply out to relax and enjoy the company of his friends that night,” he said.
“He then faced a strange and confusing event [on the dancefloor], which lead to mixed emotions of anxiety, fear, anger, and ultimately resulted in the most serious offence he committed.”
Foot’s defence lawyer argued against a full-time custodial sentence, noting Mr Stubbs made a full recovery from the injuries his client had inflicted, and plead guilty to the charge at the earliest possible opportunity.
“It was one blow, no weapon, brief abhorrent behaviour that did not result in disability, disfigurement or fatality,” he said.
The court also heard Foot was the sole carer of his two children, and was deeply remorseful for his actions.
Judge Haesler noted Foot was a person with prior good character and no criminal history, and took into account the remorse he had shown when handing down his sentence.
“He has remorse for his criminal stupidity that night and full weight must be given to those feelings of remorse and regret,” he said.
Despite the offence carrying a maximum jail term of 10 years, Judge Haesler said Foot’s punishment would be best served in the community, noting he was “not a person to make an example of”.
“To have [the sentence] served by way of intensive corrections order is lenient, but it is still a substantial punishment,” he said.
Outside court, Mr Foot’s lawyer, on behalf of his client, said the 35-year-old has regretted the one-punch attack “every day” since it happened.
“Mr Foot acknowledges his actions have caused the victim significant harm and wishes to express his sincere and genuine remorse,” he said.
“It’s a moment he’s regretted everyday since this offence, it’s also been a difficult period of time for Mr Foot during which he has accepted responsibility for his actions and taken steps to ensure his rehabilitation.”
As well as completing 350 hours community service, Foot will also be subject to supervision for the duration of the intensive corrections order.