North-West man sentenced for taking ‘consensual’ punch-up too far

A man fractured the skull of a man with whom he had “bad blood”, leaving his victim “unsteady, vulnerable, and virtually helpless”, the Supreme Court has heard.

• POWER 50 LIST: Tassie’s culinary kings and queens
• Van Dairy owner reveals why he’s not selling North Tassie property

A MAN has avoided jail for beating up and fracturing the skull of a man with whom he had “bad blood” because the court determined the fight had initially been “consensual”.

Kayden Poole, 22, appeared in the Supreme Court of Tasmania on Thursday on one count of assault. He had pleaded guilty.

Justice Michael Brett said a heavily intoxicated Poole had been on Main St, Sheffield, on the night of January 29, 2019, when he ran into the victim “by chance”.

“You and the complainant were known to each other and there was bad blood between you,” Justice Brett said.

He said the pair decided to engage in a “consensual fight”.

“Up to a certain point, force used by you was not unlawful,” Justice Brett said.

Justice Brett said the West Kentish man had knocked his victim to the ground “at least once” and punched him in the back of the head.

Poole punched him again, and the victim stumbled and fell to the road.

The 22-year-old was grabbing his bag and about to walk away, but he returned to throw more punches as the “unsteady” and “groggy” victim was getting up.

Google Street View image of Main St, Sheffield. Image: GOOGLE

Justice Brett said the other man had “fallen to the ground a third time” and “remained unmoving for about a minute” until he eventually walked away, “visibly unsteady” on his feet.

“The force applied by you went beyond the ambit of the original consent to fight,” Justice Brett said.

“He was vulnerable, and virtually helpless. He did not present any threat to you, and this must have been obvious to you.”

The other man suffered fractures to the right side of the skull, left cheekbone and eye socket, and internal bleeding.

He was placed in an induced coma and underwent surgery at the Royal Hobart Hospital.

Justice Brett said the man has had major depression and brain injury since the incident, suffering a “severe and ongoing” impact.

“You cannot be sentenced on the basis that you intended or foresaw your conduct may cause grievous bodily harm,” he said.

Justice Brett convicted Poole and sentenced him to 12 months jail, wholly suspended for 24 months, and 98 hours community service.