A chef who broke a man's jaw after some "smart-arse" comments were apparently made about his tattoo has avoided time in jail.
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Dylan Vardai was summonsed to court to answer for the one-punch attack in mid-2019, more than two-and-a-half years after he committed it while on a night out in Canberra city.
Last week, the ACT Supreme Court heard from the 27-year-old's mate, who he was out with in the early hours of November 26, 2016.
Vardai's mate claimed they were approached by a man on London Circuit who "started being a smart-arse" to Vardai and made comments about his family name, which he has a tattoo of.
The mate said Vardai initially politely asked for the man to stop, but after the man "kept pushing it and getting closer to him", Vardai retaliated - punching him once in the head.
The man fell to the ground, causing panic as strangers came to his aid, and Vardai and his mate fled.
The 27-year-old attacker told prosecutor Rebecca Christensen that, despite several police and media reports, he wasn't aware officers were after him until a search warrant was executed in 2018.
Vardai said he didn't turn himself into authorities before then because he was worried at the time and: "I just don't like police, I just didn't want to talk to them."
He told the court he was sorry for having ever attacked the man, and that he "should have just pushed him off" when they had the confrontation.
Vardai said the man called his tattoo "stupid" and he replied "piss off, you wanker", before the man grabbed him by the shirt, lifted him up, and Vardai punched him in response.
The victim gave evidence he had no recollection of the assault, and said he only remembered putting his ex-girlfriend in a taxi beforehand and waking up in hospital afterwards with a broken jaw.
On Friday, Acting Justice David Robinson noted there had been some dispute about whether the one-punch attack was actually a "coward punch", but he said there was not enough evidence to support that conclusion.
He said Vardai had no criminal record, and there was evidence of his "diligent work commitment for many years and assistance to others".
"It can accurately be said that the assault was out of character and a one-off incident," Acting Justice Robinson said.
The judge sentenced Vardai to a total 13 months and 15 days in prison for recklessly inflicting grievous bodily harm.
He ordered that Vardai complete the prison term by way of an intensive correction order, which is a jail sentence served in the community rather than behind bars.
As part of the order, Vardai will have to do 100 hours of community service.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
