Justyn Desnica: Man who broke cop’s nose at Coogee Bay Hotel sentenced
It was meant to be a 20th birthday party but an ugly brawl at Coogee Bay Hotel marred the celebrations and ended with a police officer’s nose being broken. The man who threw the punch has now been sentenced.
Southern Courier
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A shirtless man who broke a plain-clothed police officer’s nose outside Coogee Bay Hotel after his sister’s birthday party turned ugly has avoided being sent to prison.
Siblings Justyn Desnica, 31, and Hayley Desnica, 20, were arrested following a wild brawl at the hotel on August 24 last year during Hayley’s 20th birthday celebration.
Older brother Justyn fronted court on Friday and was sentenced for breaking a police officer’s nose during the ugly night out.
The court heard the pub brawl began following an argument between Hayley and another woman inside the hotel.
The agreed facts tendered to Downing Centre Local Court stated a large number of people became involved and a fight erupted.
Security guards evicted patrons involved in the fight, but punches continued to be thrown outside the hotel between Justyn and another man.
Shortly after, Justyn left the area but “returned in a misguided sense to protect his sister”, his lawyer told the court.
Police pulled up in an unmarked police car and a plain-clothed police officer walked briskly up behind Justyn to defuse the situation, the agreed facts stated.
Justyn, who was shirtless and intoxicated at the time, swung around and punched the officer in the nose causing a clinical fracture.
He ran off but was arrested in a nearby park. Police also found 0.7g of cocaine in Justyn’s wallet after he was arrested.
Justyn, who lives in Hillsdale, fronted Sydney’s Downing Centre Local Court on Friday and was sentenced for assault occasioning actual bodily harm and possess a prohibited drug, having previously pleaded guilty.
A charge of assault police officer in execution of duty cause actual bodily harm was previously withdrawn because the injured officer was wearing plain clothes and Justyn was not aware he was an officer, the court heard.
Magistrate Kate Thompson stated it remained a serious offence and sentenced him to a term of imprisonment of 14 months to be served by way of intensive correction in the community.
He was ordered to abstain from alcohol and drugs and was convicted and fined $400 for possessing the cocaine.
She took into consideration the steps he had taken to address his alcohol and drug abuse, and his efforts to regularly see a psychologist to address mental health issues from his troubled upbringing.
However, she dismissed an application to have his criminal charges dropped under section 32 of the Mental Health Act.
Justyn’s lawyer had earlier stated he had a very difficult and abusive upbringing and had become over protective of his siblings.
“Mr Desnica has quite specific difficulties and really for the first time is receiving psychological treatment.”
The court heard he had also visited the police station where the injured officer worked and apologised.
His younger sister Hayley, from Queensland, has since been sentenced to a conditional release order without conviction for common assault.