A shoey-sipping pubgoer already on a suspended jail term has been sentenced to 10 months jail for instigating a "mindless, senseless, prolonged and unprovoked" attack on a smaller man that descended into a violent melee.
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Jayden Stephen Kirkman, 24, fronted the ACT Magistrates Court on Thursday after pleading guilty to assault and affray charges, as well as damaging property and possessing a knife without a reasonable excuse.
Facts tendered to the court state that on November 20 last year, the Dunlop man approached an unknown man in the corridor of Moby Dick's Tavern where he pushed then headbutted the victim, dislodging a front tooth.
Kirkman and two other men then landed a barrage of punches into the victim before the situation descended into a violent melee that spilled to the back of the tavern.
Numerous other patrons tried to break the fight, but Kirkman kept pursuing the victim before police arrived.
CCTV footage of the violence was played to the court on Friday.
With a suspended sentence over his head, even someone who has just entered adulthood should have known better.
- Prosecutor Sam Bargwanna
In February this year, he went back to the same venue where he performed a shoey.
After being told to leave, he screamed at other patrons, kicked a number of chairs and tables before grabbing a schooner of beer and throwing it at an awning.
The former concreter, who was on a 12-month good behaviour order from April 2020 as part of a suspended jail sentence, stripped down to his underwear before leaving.
Two hours later, he returned to the pub then damaged the Domino's store nearby. When police caught up to him at the Kippax Fair car park, he was shaping up with his fists and swearing loudly.
In October last year, a knife was found in Dunlop along a path near Kirkman after police were called.
In sentencing Kirkman to jail, to be suspended in January with a 12-month good behaviour order imposed, magistrate Robert Cook said the assault was "mindless, senseless, prolonged and unprovoked".
"[It] was gratuitous acts of violence on a young man resulting in serious facial injury, which is ongoing for him," Mr Cook said.
"You further incited violence among a group of other young men, all driven by your initiation for whatever reason."
Mr Cook described Kirman's actions as a "relentless pursuit" despite other patrons trying to stop the fight.
He said denunciation, deterrence and community protection "loom large" in sentencing.
"While there is some optimism about rehabilitation, there is still a great deal of risk," Mr Cook said.
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Earlier in the hearing, prosecutor Sam Bargwanna said the unprovoked attack "can only be described as incredibly violent".
"This was just a random attack, which seemed to have been sparked out of absolutely nowhere," Mr Bargwanna said.
"It could not be said it was one blow and he walked away."
Mr Bargwanna argued for a jail term, saying the violence was aggravated because it was in public and at a place where people should feel safe.
He said Kirkman's previous sentences for similar offending did not deter him and that the community's protection should be prioritised.
"With a suspended sentence over his head, even someone who has just entered adulthood should have known better," he said.
Kirman's defence lawyer, Amelia Gordon, said while they conceded the violence was serious, the offender was still a young man and never had his alcohol misuse and mental health issues treated.
Ms Gordon said an intensive corrections order would help address those factors and that he had already begun a medication regime and other steps to rehabilitate.
"Those are exactly the types of issues that can greatly benefit from the supervision afforded to him under an ICO. It's very clear he has some mental health issues" Ms Gordon said.
She said the trigger for Kirkman's decline in mental health and alcohol misuse was losing his job in October last year.
The court heard that Kirkman had already taken "unaided steps" to address those factors, expressed remorse, willing to follow authorities' directions and was interested in engaging in restorative justice.
He was also ordered to pay Domino's nearly $5000 in compensation for the damage.
Kirkman's mother was in court to support him.
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