Joss Albert Galbraith appeals sentence at Campbelltown District Court over attack on partner’s ex

A man who kicked his partner’s ex in the face repeatedly, leaving the victim in an induced coma with only a handful of teeth left has appealed the severity of his sentence. Read what happened in court.

A man has appealed the severity of a sentence for a brutal attack on his partner’s ex which left the victim in an induced coma with only a handful of teeth left.

Joss Albert Galbraith, 36, fronted Campbelltown District Court on Friday for an appeal after he was sentenced earlier this year following a plea of guilty to recklessly causing grievous bodily harm to the victim.

He was sentenced to 18 months in jail with an 11-month non-parole period with the magistrate at the time noting “the injury and emotional harm was substantial”.

But Judge Andrew Colefax has dismissed the appeal saying Galbraith was “fortunate” that the matter had been dealt with at the local court level and not district where the maximum penalty was 10 years.

At 5pm on February 5 last year, the victim went to a house in Bargo where his former partner lived with Galbraith, but when he arrived there was a disagreement about a prior arrangement.

Joss Albert Galbraith has appealed his jail sentence for a brutal assault on his partner's ex. Picture: Adelaide Lang

According to the facts, after the disagreement Galbraith and the victim grabbed each other by the shirt-front and they began pushing each other until they fell to the ground.

Galbraith managed to stand and kicked the victim hard in the face, the documents state. The victim told police his vision became blurry and he was unaware of how many times he was kicked because of the forceful impacts.

The police facts show the victim was bleeding profusely from his facial wounds and couldn’t see out of his left eye as he was unable to move on the blood-spattered ground but managed to contact his partner who called the ambulance. The victim had to be placed in an induced coma on arrival.

“I was choking on my own blood and couldn’t breathe,” the victim told the court in a statement.

Joss Albert Galbraith at Picton Local Court. Picture: Adelaide Lang

Surgery was required to realign the bones of the victim’s face and install titanium plates to allow him to open his mouth again. The victim noted there are now five titanium plates and 28 screws in his face, with four screws to hold his jaw together.

In court on Friday, Galbraith’s lawyer told the court that her client had a difficult upbringing, especially when he had to leave his family home on Christmas Day at 14 years old.

She said Galbraith didn’t follow in his father’s footsteps of using drugs and alcohol, but instead found employment and went to TAFE.

“It wasn’t planned .. it was a simple act of the moment,” the lawyer told the court.

“If he was given the opportunity Your Honour, I strongly believe he wouldn't reoffend.”

The lawyer asked the judge to consider placing Galbraith on an intensive corrections order so he could serve his sentence in the community.

However, Judge Colefax said the offence, the circumstance of it, and the severity of the injuries sustained by the victim meant it would have been justifiable for Galbraith to be prosecuted in the district court.

“The degree of injuries sustained are quite shocking,” he said.

“The number of times the victim was kicked to the face is unclear but it was repeated.

“[The victim] was hospitalised for over two weeks initially. He has had to undergo repeated surgery. He will be suffering from the impact for the rest of his life … he was in an induced coma for weeks.”

Judge Colefax said while it can be accepted that Galbraith had a difficult upbringing and there were special circumstances due to family obligations, the appeal was dismissed.

The original sentence handed down at Picton Local Court was upheld and Galbraith will be eligible for release from February 2023.