The public bashing of a games bar patron was “entirely unprovoked and cowardly” and the demolitions expert who attacked him has been told he came close to being sent to jail.
Judd Oswald Davis, 30, was sitting with his friends outside Reload Bar and Games in Civic about 1:30 am on 14 March 2021 when the patron put his upside down glass on their table as he walked past, possibly spilling some of his drink over a woman as he did so.
He went inside and was followed by Davis, who wanted to talk to him about what he believed he had done.
“That may have been how it should have ended,” Magistrate Robert Cook told Davis in the ACT Magistrates Court on Wednesday (29 September).
“What happens after that is entirely of your doing and making.”
Magistrate Cook said the patron was standing outside with his arms by his side when Davis quickly came up and punched him in the face, knocking him to the ground.
While he was lying down, Davis then kicked him in the head.
He walked off while the victim stood up and took off his shirt to clean himself. Davis returned to yell at him again before finally leaving.
Magistrate Cook told the Braddon resident the assault was “entirely unprovoked and cowardly, because there’s just no chance for him to react to what you do”.
“I wouldn’t call it a fight because there weren’t two people involved. There was only one; you,” he said.
Prosecutor Ms Lee said Davis was undeterred by the presence of onlookers or his friend during the attack and this was his third time before the courts for a common assault charge.
Defence lawyer Rachel Bird, of Rachel Bird & Co, said her client worked full-time as a demolition team leader, regretted his behaviour and knew he had a problem with alcohol.
Davis pleaded guilty to common assault. Magistrate Cook said ordinarily he would have no hesitation in sending someone who engaged in this type of behaviour to jail, but he did accept Davis had unique circumstances.
He said Davis acted impulsively and alcohol had played a role on the night.
He was sentenced to five months’ jail, fully suspended for a 12-month good behaviour order.