Justin David Waldie threw just one punch but it had devastating effect
One punch left the victim with a fractured eye socket, facial swelling and a week off work – but it could have been worse, magistrate warned.
Police & Courts
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A 20-YEAR-OLD man who knocked out another man with one punch on a Toowoomba CBD street during a night out has been placed on probation.
After a short verbal exchange on Neil St about 2.45am, July 10, Justin David Waldie had punched the other man once to the face.
The victim fell to the ground hitting his head, rendering him unconscious, Toowoomba Magistrates Court was told.
Waldie and his mate had then walked on but police called to the scene soon found him on Ruthven St thanks to CitySafe camera operators who had followed the incident, police prosecutor Al Windsor told the court.
The victim was taken to Toowoomba Hospital with a fractured eye socket, facial swelling and teeth damage and had a week off work, Sergeant Windsor said.
When spoken to by police, Waldie admitted to punching the other man.
However, Waldie’s barrister Steve Kissick told the court he had seen CCTV footage of the incident and his client’s friend had the verbal exchange with the complainant but when Waldie thought the other man was moving toward him he struck.
Three other young men nearby had attended the unconscious man and Waldie thought they were rendering him assistance so he had walked away.
However, those three men were in fact going through the pockets of the unconscious man, Mr Kissick said.
Waldie pleaded guilty to assault occasioning bodily harm.
Mr Kissick said his client lived at home with his mother, was in a long-term stable relationship and had started a traineeship.
Waldie had no previous offences of violence and was treated for anxiety.
His client did not go out much and on the night was not “unduly intoxicated” but he had overreacted when he thought the other man was coming toward him, Mr Kissick submitted.
Acting Magistrate Roger Stark reminded Waldie of the One Punch Can Kill campaign.
“You struck him, he fell and hit his head,” Mr Stark said.
“You could have killed him.”
Noting his lack of criminal history, Mr Stark ordered the conviction not be recorded and placed him on 18 months probation.
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