Toowoomba man Atem Deng, 21, sentenced for assault on ADF men

A man involved in a mob attack on two ADF men, one of whom was left unable to eat solid food for weeks, will be eligible for parole in three months.

Atem Gabriel Deng, 21, following his Toowoomba District Court sentencing in September, 2024. Picture: NewsCorp Australia

A man has been sentenced after participating in the shock late-night beating of two ADF men in a kebab shop.

Toowoomba man Atem Gabriel Deng, 21, appeared before Toowoomba Magistrates Court on Monday pleading guilty to two counts of assault occasioning bodily harm while in company alongside 11 other charges including drug and weapons offences.

Police prosecutor Nick Pratt told the court Deng, with five other co-accused, went to a Toowoomba kebab shop around 3am on August 24, 2024 to confront two members of the Australian Defence Force.

He claimed the victims were speaking to two women inside the store with their backs facing the alleged aggressors when Deng’s co-offender punched one of the men in the head, causing him to fall to the floor.

“Deng began punching, kicking and stomping on (the victim’s) body and head,” Mr Pratt said.

He added the second victim tried to intervene but was met by Deng who began punching him “over and over” in the head.

The group continued their attack on the two men, even as they lay, keeled over, on the floor.

“Deng turns around and begins to kick and stomp (the first victim) … he places a hand on the wall and uses his left leg to stomp on the (first) victim’s head over and over again,” he said.

“A co-offender picked up a chair, held it over his head and brought it down, just missing the (first) victim.”

Mr Pratt advised the court the victims had “no idea why they were attacked”, with one even stating he had shared a drink with some members of the group earlier that night.

From the attack, one victim suffered a broken jaw and was unable to eat solid food for six weeks and forced to take leave from work; the other suffered a severe concussion and temporary amnesia lasting seven days.

Atem Gabriel Deng, 20, Deng also pleaded guilty to eleven other charges including several drug offences, and contraventions of police and court orders.

Deng also pleaded guilty to eleven other charges including several drug offences, and contraventions of police and court orders.

Defence solicitor Sean Gallagher told the court the assault was the “result of significant alcohol consumption”.

“I’m instructed Mr Deng has not consumed any alcohol since the night of (the assault), prior to it he was a very seldom consumer,” he stated.

Mr Gallagher added the group were spurred on by a previous alleged encounter with one of the victims which had resulted in the injury of Mr Deng’s co-accused.

“This by no means is an attempt to absolve Mr Deng of any responsibility; however, it is understood that the complainant in this matter had previously been involved in an altercation with the first offender resulting in an injury to him,” he said.

“This resulted in a tit-for-tat escalation.”

He advised, while Deng’s sentence had been delayed, he had the advantage of an early plea.

“Prior to Christmas last year, Mr Deng’s family was struck by tragedy, a car crash which resulted in the death of two of Mr Deng’s cousins with whom he was quite close to,” Mr Gallagher said.

“This is a matter that in all likelihood we held instructions to resolve in December but for that car crash.”

Mr Gallagher asked the court to consider any potential fine against the fact Mr Deng was ordered to repay $27,547.44 to the Commonwealth for entering over $28,000 in fraudulent GST claims.

The court heard the assault and all but two of the charges faced by Mr Deng occurred prior to his district court sentence.

Magistrate Mark Howden said the assault was a “sustained, violent attack in a public place” for reasons unclear.

“You did not attempt to break up the fight and, indeed, you were involved in it at a very early stage,” he said.

“While (the assault) may not be described as gratuitous it is not far from that.

“It is very important that the courts send a message to people such as you Mr Deng that, if you are going to behave in this manner in public, the courts will take a very serious approach.”

Deng was sentenced to 15 months imprisonment and taken away in handcuffs.

He will be eligible for parole after three months on April 21, 2025 and also issued a good behaviour bond of $500, operational for 18 months.