Kicking his workmate repeatedly in the head after drinking 24 beers at their work Christmas party has seen Mitchell Sanders placed on a suspended jail sentence.
The 20-year-old second-year apprentice painter pleaded guilty to assault occasioning actual bodily harm over the incident at Lismore Local Court on Monday.
Police facts before the court stated Sanders and his girlfriend attended his work Christmas party at Goonellabah’s Hilltop Tavern, on December 16, last year.
Sanders and his girlfriend left the tavern about 10pm, and got into an argument in the car park when fellow painter Beau Everingham, 29, and his girlfriend walked past.
Witnesses told police Sanders then got into an argument with Mr Everingham and punched him in the head, before his girlfriend pulled him away.
Mr Everingham and his girlfriend continued to walk home and were followed by Sanders, who yelled at his co-worker and then punched him in the head several times.
When Mr Everingham fell to the ground, witnesses said Sanders kicked him in the head a number of times until he lost consciousness.
Police arrived and found Mr Everingham semi-conscious and bleeding from the head and mouth.
When Sanders was arrested, he told officers the altercation started because he thought Mr Everingham made a negative comment about him.
In sentencing Sanders, Magistrate David Heilpern described the attack as an extremely serious assault, which was magnified when he ‘put the boot in’ and kicked Mr Everingham repeatedly in the head.
Mr Heilpern said he had previously dealt with assault matters that were far less serious and had resulted in the death of the victim.
As Sanders had no prior criminal record, Mr Heilpern placed him on a nine month suspended sentence.
He’s lucky he copped this judge Heilpern who’s a notorious soft touch with crims.