A former rugby union player who punched a man unconscious and bloody while on a night out in Canberra city will likely serve a jail term in the community rather than behind bars.
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Elimi Talaimaicake Uluikadavu, 23, fronted the ACT Supreme Court on Thursday. He previously pleaded guilty to one count of inflicting grievous bodily harm.
The court heard the apprentice plumber, who came to Australia to play for the Melbourne Rebels, accused a stranger of touching his partner at Shorty's bar about 1am on February 17 last year.
The man denied the allegation and Uluikadavu hit him in the face twice. Prosecutor Marcus Dyason said the attack happened while both men were standing on hard concrete at the bar, which meant "the potential for catastrophe was significantly high".
A security guard intervened and escorted Uluikadavu out of Shorty's, but he returned later to stand outside the bar.
The victim approached Uluikadavu, extended his hand and said, "Hey, look, I don't want to fight", or words to that effect.
Chief Justice Helen Murrell said Uluikadavu ignored the man's words and gestures and punched him in the face again; this time, leaving him unconscious and bleeding on tiles.
"Regrettably, the court frequently sees offences of this type," Chief Justice Murrell said.
"[Uluikadavu] has a history of binge drinking ... he remembers feeling angry and fearful but does not remember assaulting the complainant."
Uluikadavu took the witness stand on Thursday and described himself as normally "quite bubbly" - "I like to make people laugh and just joke around", he said.
He said the act of violence, which he did out of "raw emotion", was completely out of character for him; an assessment Chief Justice Murrell agreed with.
She said Uluikadavu impressed her as an "intelligent and sensible" witness. The apprentice plumber had not previously been before the courts, and his girlfriend gave evidence he cried after attacking the man and begged for her to go check on his condition.
Chief Justice Murrell indicated she would sentence Uluikadavu to 13 months in prison, but ordered that he be assessed for an intensive correction order, which is a jail term served in the community.
She said she would review Uluikadavu's suitability for the order and make a decision about it on September 4. If the order was granted, it would likely include that Uluikadavu complete 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.
