Jai Marshall, 30, jailed over ‘brutal’ coward punch at Manchester Arms Hotel in Long Gully, Bendigo
A Bendigo dad has been jailed after telling police the victim of his “brutal” coward punch outside a Bendigo pub “deserved it”.
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A Bendigo dad has been jailed after telling police the victim of his “brutal” coward punch outside a Bendigo pub “deserved it”.
Jai Marshall, 30, was jailed for 10 months after pleading guilty to intentionally causing injury after he walked up behind a 51-year-old man outside the Manchester Arms Hotel and punched him in the jaw, slamming his head onto the road on October 29, 2023.
Shocked witnesses rushed to help the man lying crumpled in the gutter, but Marshall yelled back “don’t worry about the dog”, the court heard.
The victim was taken to hospital for injuries received from the punch and violently striking the ground.
The victim said, in a statement to the court, it was “really harrowing” that he didn’t have a chance to defend himself and was completely “blind sided” by Marshall.
“I am still in shock and disbelief that someone could do this out of the blue and without any provocation,” he said.
He said the Marshall had attacked him “so nonchalantly, it scares me that there are people out there like that”.
Marshall had contested the charges from day one, telling police he had “no idea” who the assailant was, but said “by the looks of it, (the victim) deserved it”.
In November, defence lawyer Damon Pica told the court Marshall would fight the charges on the grounds police couldn’t prove he was the offender.
Marshall’s victim told the court the thug and his legal team had “created almost as much trauma as the actual attack” after the case “dragged on and on” for a year and a half.
Mr Pica objected to the characterisation, blaming police for not disclosing evidence sooner, which resulted in the plea of guilty.
By way of explaining Marshall’s previous comments to police, Mr Pica said Marshall had genuinely believed he had not committed the assault because he could not remember the events of that night due to “cognitive impairments”, specifically around memory.
Mr Pica said there was not evidence Marshall was intoxicated, or had had an altercation between the accused and victim, which the court should take in mitigation.
However, Magistrate Dominic Lennon said it was “implausible” that Marshall had no memory of the attack.
Mr Lennon said the CCTV footage spoke “volumes”, revealing the “premeditative nature” of the attack after Marshall circled the block to come up behind the victim.
Mr Lennon said the victim had “no opportunity to defend himself” before Marshall “delivered a vicious blow, a coward’s punch, to the side of his head”.
Mr Lennon said Marshall had made a conscious decision to perpetrate a “brutal, gratuitous attack on someone” and the lack of an altercation or intoxication only made the situation that much worse because it was simply “senseless violence”.
Mr Pica said the injuries sustained were “not the worst” example of those often incurred in a coward punch attack and, in arguing for leniency, said Marshall’s family would suffer due to his “unwise” decision.
He said Marshall, who had been on bail for almost a year-and-a-half, had not committed a further offence, and had been a productive member of society operating his own scrap metal salvage business.
The prosecution argued Marshall had dodged jail for several violence charges, including another charge of intentionally causing injury, with community orders – but nothing had stopped him reoffending.
Police said coward punches were a “scourge” that the community took seriously and the offending called for Marshall to see the inside of a prison cell.
He said the court should acknowledge the harm done to the victim, and Marshall needed to be “punished in a just manner” to deter others from committing coward punches in nightlife venues.
Mr Lennon said it was a “sickening assault on a defenceless person” that had “life changing consequences” for the victim, finding the offending to be on the highest end of coward punch cases.
“Serious injury or even death were only spared by the fact that his shoulder hits the ground before his head does,” he said.
Mr Lennon convicted Marshall who will begin a 12 month community corrections order upon his release from prison.