Two men jailed for northern beaches service station assault caught on camera

Two men who were caught on CCTV punching and kicking a man unconscious at a service station during a “disgusting act of violence” have been sentenced to 15 months in jail.

Jack Degotardi, of Avalon, who was sentenced to 15 months in jail for his role in the bashing of a man outside a northern beaches service station, at Manly Local Court. PIcture: Jim O’Rourke

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Two men who were caught on CCTV punching and kicking a man unconscious at a service station during a “disgusting act of violence” have been sentenced to 15 months in jail.

Matthew Hayden Wright, 27, of Dee Why and Jack Degotardi, 26, a landscape gardener of Avalon Beach, had both pleaded guilty in Manly Local Court to affray after attacking the victim outside the 7-Eleven outlet in Newport.

Wright and Degotardi, along with Jake Matthews, 26, of Newport, bashed Colin Gaddes after the trio stopped at the service station for snacks on their way home from watching a live UFC championship fight on TV on October 7 last year.

Jack Degotardi arrives at Manly Court House in January. Picture: Troy Snook

Mr Gaddes, 42, of Newport, was left with a broken wrist and chipped teeth after he was bashed in the forecourt of the service station and then again, minutes later, on nearby Seaview Ave.

He is also suffering emotional trauma and is reluctant to leave his home as a result of the two assaults.

Minutes after Wright and Degotardi were jailed by Magistrate Michelle Goodwin on Wednesday, their lawyers lodged an appeal against the severity of the sentences.

Ms Goodwin later heard applications from the lawyers that the pair should be released on bail pending the appeal. She released them on conditional bail to appear at the Downing Centre District Court on May 27.

Matthew Wright, of Dee Why, jailed for bashing a man at a service station at Newport. Picture: Facebook

Matthews, who has pleaded guilty to affray, will be sentenced on May 2.

Earlier the court was shown security camera footage that captured the trio repeatedly striking Mr Gaddes after he told them to “piss off home”. The trio had taken packets of frozen pilchards from a fishing bait freezer and were yelling abuse at the shop attendant.

Police said the trio confronted Mr Gaddes and, fearing he would be assaulted, Mr Gaddes punched Matthews with “little force”.

A Facts Sheet tendered in court said that Mr Gaddes was then punched to the ground by Wright and Matthews.

Jake Matthews, who will be sentenced in May, arrives at Manly Court House at Manly in January. Picture: Troy Snook

“At this point it is clear that the victim poses absolutely no threat to the accused persons and that their reactions are completely disproportionate to the amount of self defence,” the police Facts Sheet said.

Degotardi then “moves in and repeatedly kicks and stomps at the victim’s torso with his foot”.

“(Wright) delivers a kick to the victim’s head and the victim’s body goes limp as he loses consciousness for a number of seconds.”

A still from CCTV footage shown in Manly Local Court of Matthew Wright, Jack Degotardi and Jake Matthews bashing a man unconscious outside a Newport service station.

After Mr Gaddes regains his feet the three men followed him to Seaview Ave where they “simultaneously kick and punch the victim, resulting in the victim again falling to the ground”.

Degotardi’s barrister, Michael Ainsworth, told the court that his client had been drinking “well beyond the scale of measurement” while watching the UFC bout.

“He is genuinely appalled by his conduct,” Mr Ainsworth said.

“He does not have much memory of what occurred.”

A still from CCTV footage showing the victim being kicked while on the ground.

Mr Ainsworth said Degotardi had entered a “spiral of depression” and was drinking to excess after the death of his brother.

Solicitor for Wright, Ian Byrne, when asking to court to sentence his client to an Intensive Corrections Order rather than jail, told the court that the offence was a “very ugly set of facts”.

“We can’t shy away from that,” Mr Byrne said.

He said Wright had untreated psychological conditions and was attending meetings of Alcoholics Anonymous.

Police prosecutor Amy Jenner urged the Magistrate to sent both men to jail.

Sgt Jenner reminded the court the victim was kicked while unconscious on the ground.

“(It was) a disgusting act of violence.”

Ms Goodwin said the attacks were “one of the worst affrays I’ve seen” and described it as another example of alcohol-fuelled violence.

“It seems to me there was no reason for this incident to occur.

“A message has to go to the community that these incidents can’t be tolerated.”

Ms Goodwin sentenced the pair to 15 months’ jail with a non-parole period of seven months.