Frankston coward punch: Ryan Wells appeal decision
A thug who king-hit a complete stranger in Frankston wept as sickening footage of his cowardly attack was shown in the County Court, while the family of his victim say they are pleased his appeal was dismissed but don’t believe he is a “changed man”.
South East
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A thug who king-hit a complete stranger before walking away laughing has wept as sickening footage of his cowardly attack was shown in the County Court today.
Ryan Wells, 33, was in court to appeal the six-month jail sentence handed to him by Magistrate Tim Gattuso in June.
The court heard Wells initially told police he thought his victim was “drugged up with crazy eyes”.
Wells also said he believed his victim was carrying a knife.
The court also heard how Wells was “remorseful” and had written a letter to his victim which stated he thought he was the same man who had threatened him earlier in the day.
Wells’ defence said their client was ready to resume life as a law-abiding citizen.
The court heard Wells’ concreting business had closed.
However, Judge Michael Tinney lambasted Wells.
“(He has) given an account (to police) which is nonsense,” Judge Tinney said.
“It’s just not what happened.
“He disguised his decency pretty well on the night didn’t he?”
Judge Tinney said of the attack: “Words can scarcely describe it”.
“It’s awful footage. (It was a) brutal and unprovoked attack … he was totally innocent, he had done nothing wrong.
“You’re very fortunate you didn’t kill him. Your heart would’ve sunk (when you woke from hangover and saw the footage).”
Judge Tinney blasted Wells for walking away from the victim, “who could’ve died”.
“The smiling in the group is appalling … they should be ashamed on themselves,” he said.
He said it was “bizarre” Wells couldn’t remember if he had cocaine or not.
“You’ve had a skinful of alcohol on the night,” Judge Tinney said.
“Remorse is a bit problematic here. It just might be you cant explain why you did what you did … but I don’t know.”
Judge Tinney found Wells had excellent prospects of rehabilitation but said general and specific deterrence, denunciation and community protection were also important factors as he dismissed his appeal.
“No judge takes joy in locking anyone up … but I’m left with no option but to send you to prison,” he said.
Judge Tinney reimposed Wells’ original conviction — a six-month jail term, 18-month community corrections order and two-year ban from entering a licensed venue.
Chris Cairns, the mother of Wells’ victim Brett, said she believed he wasn’t a “changed man”.
“It’s not the first time (he’s assaulted someone) and it won’t be the last,” Ms Cairns said.
“I’m hoping his time in jail will help, he may learn something.”
She said her family would “have to move on now, it's the only thing we can do”.
“It’s hard for Brett though, he struggles, he has anxiety and has lost a lot of trust,” she said.
“(When I’m out at night) I’m more careful, I’m more vigilant. We were worried he would get less time so having the decision upheld is some good news.”
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The court heard Wells is alleged to have assaulted another person a week prior.
He will contest an assault charge at the Melbourne Magistrates’ Court in March, 2020.
The alleged assault occurred one week before his coward attack.