Daimen Tealai, Jaydon Leigh Somerville in court for Maroochydore Rd assault

A young man who slapped a woman after she refused him a cigarette was brutally set upon by two men in an ‘unnecessary’ and ‘stupid’ attack.

Two men who punched, kicked and stomped on a young man’s head after he slapped a woman for refusing to give him a cigarette have pleaded guilty to the “aggressive” attack.

Daimen Tealai and Jaydon Leigh Somerville’s drunken assault that left a 22-year-old man with a broken nose and fractured cheekbone on the ground has been described as “disproportionate”.

“It certainly becomes unlawful at the point the victim is on the ground,” Crown Prosecutor Alex Stark said.

Tealai and Somerville, both 24, pleaded guilty in Maroochydore District Court on Thursday to committing grievous bodily harm.

The court heard the victim tried to enter a closed service station on Maroochydore Rd, Maroochydore, to buy cigarettes when he saw the two accused walking with a woman after a night on Ocean St at 3am on March 3, 2019.

Jaydon Leigh Somerville pleaded guilty in Maroochydore District Court on Thursday to committing grievous bodily harm in 2019.

The victim asked the woman for a cigarette and when she declined he slapped her in the face and pushed her into a bush.

Both defendants ran after the 22-year-old man with Somerville kicking the victim’s leg and causing him to fall to the ground.

Tealai then grabbed him from behind in a chokehold as Somerville continued to kick him.

Tealai dragged the victim further upright and struck him in the head with his knee.

Somerville then stomped on the victim’s head before Tealai decided enough damage had been done and stopped Somerville from continuing.

The victim suffered a broken nose, fractured cheekbone and broken tooth as a result of the attack and underwent facial surgery.

Daimen Tealai pleaded guilty in Maroochydore District Court on Thursday to committing grievous bodily harm in 2019.

The court heard the injuries could have caused lifelong difficulties with biting and chewing if it had been left untreated.

The victim’s grandmother told the Sunshine Coast Daily outside court her grandson still hadn’t recovered from the night and would never be the same again.

“It’s a terrible thing to happen,” she said

“We were not aware that it wasn’t unprovoked, I was very shocked, he doesn’t remember it at all.”

Tealai’s solicitor Cecelia Bernardin said her client had moved to the Sunshine Coast from the Solomon Islands when he was 15 and completed high school at Kawana Waters State College.

She said Tealai has a pregnant partner and he works full time as a welder and fabricator.

“He has shown a level of remorse and responsibility for his actions … he understands the residual effects on the complainant and his family,” Ms Bernardin said.

Judge Glen Cash sentenced Tealai to two and a half years prison suspended immediately for three years. Picture: Tara Croser

In her submissions, Ms Bernardin said if Tealai was sentenced to jail time for 12 months or over he would be deported back to the Solomon Islands.

Somerville, who lives in Hervey Bay and is studying business, represented himself but decided to adjourn his matter until January 17 to gain legal representation before being sentenced.

Judge Glen Cash sentenced Tealai, who lives in Currimundi, to two and a half years’ prison suspended immediately for three years.

He ordered Tealai to pay $3000 compensation to the victim and described the assault as “unnecessary” and “stupid”.

Originally published as Daimen Tealai, Jaydon Leigh Somerville in court for Maroochydore Rd assault