Darwin soldier Nicholas John Mocerino loses appeal over Mayberry nightclub assault

A Darwin soldier who goaded his mate in a brutal nightclub fight has lost his appeal. See why the young soldier claimed he should be released from prison.

An Australian soldier who encouraged his mate to brutally assault a drunk stranger in a Darwin nightclub has lost his bid to escape prison.

On Tuesday, Nicholas John Mocerino, 25, attempted to appeal his prison sentence over a brutal assault in Mayberry on January 15, 2023.

Mocerino pleaded guilty in the Supreme Court to negligently causing serious harm, and was slapped with an eight month prison term, followed by a two-year suspended sentence.

Mocerino and his 21-year-old co-offender Lachlan Hobson attacked a stranger — shattering his jaw in two places — simply because the drunk man refused to shake Hobson’s hand in the dark nightclub.

A Supreme Court jury in October found Hobson guilty of unlawfully causing serious harm and aggravated assault, with his sentencing hearing set for December 3.

Hobson had claimed he had to take a “pre-emptive strike” against his victim, punching him eight times before kneeing him in the face in an attack that lasted two minutes and 47 seconds.

The jury heard Mocerino was acting “in sync” with his friend, holding his sunglasses so Hobson could continue to beat up the stranger “unheeded”.

As Hobson was dragged away by the bouncer, Mocerino ran in with a final kick and punch to the head, causing the victim to lose consciousness.

Australian Defence Force member Lachlan Hobson, 21, has been found guilty of a drunken nightclub assault.

Defence barrister Jon Tippett told the Court of Appeal the eight month prison term was manifestly excessive, and the young soldier was denied fairness during the sentencing process.

Mr Tippett said while Mocerino was given appropriate sentencing concessions, the original judge set a high “starting point” of four years in prison for a single punch and a kick.

He said Justice Peter Barr was “particularly offended” by Mocerino‘s failure to step in and stop Hobson’s barrage of punches, on top of his own physical assault of the victim.

Mr Tippett said it was unfair to attribute “moral culpability” on the 25-year-old for the other soldier’s actions that night.

But prosecutor Lachlan Auld said the two young men were “acting on concert”, with Mocerino “encouraging” and facilitating the assault.

Mr Tippett also tried to argue that the penalty was excessive compared to other non-Indigenous men involved in nightclub brawls.

However Justice Sonia Brownhill questioned why Mr Tippett did not look at all nightclub assaults — rather than just those committed by white men.

“I don’t understand the racial selection process, it suggests that you are submitting that the court takes a different approach in relation to Aboriginal people,” Justice Brownhill said.

Justice Judith Kelly said it also appeared that Mr Tippett “cherry picked” comparative cases, rather than looking at the range of appropriate sentences.

Despite all three Appeal Justices ruling that the original judge flagged he was considering an serious term of imprisonment, Mr Tippett unsuccessfully argued the original defence barrister was not appropriately warned of the risk to the young soldier.

Mocerino will have to serve his remaining five months behind bars.