ACT Magistrates Court jails John Papali'i over 'shocking' attack outside Fiction nightclub in Civic

John Jerome Papali'i, the brother of top NRL prop Josh Papali'i, is set to miss the birth of his next child after the ACT Magistrates Court locked him up on Monday.

Special magistrate Sean Richter imposed a three-month jail sentence, and ordered John Papali'i to serve one month behind bars before the balance of the sentence is suspended.

John Papali'i, who had previously pleaded guilty, committed a common assault outside Fiction nightclub, in Civic, about 5am on a Sunday morning in August 2022.

His lawyer, Tiffany Wilken, told the court the 29-year-old Belconnen father had argued with a friend inside the venue before the pair agreed to take the problem outside.

CCTV footage shows John Papali'i subsequently striking the victim with a blow to the chin, knocking the man unconscious and sending him backwards into a gutter on Bunda Street.

Several police officers pounced on John Papali'i within seconds to arrest him.

Ms Wilken, who admitted the surveillance camera footage was "shocking to watch", described John Papali'i's actions as "inexcusable".

But she told the court the assault involved "a single strike", and there was no evidence of the victim suffering ongoing harm.

She added John Papali'i, a labourer, was the sole breadwinner for his family, which was expecting his heavily pregnant partner to give birth "at any moment".

Ms Wilken submitted John Papali'i had voluntarily begun the process of rehabilitation, having sought mental health treatment despite shame and embarrassment.

"The offending was a turning point for Mr Papali'i to get back on top of his mental health," she said.

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This prompted Mr Richter to question why the "turning point" for John Papali'i had not been in 2015, when he received a lengthy suspended sentence for a string of crimes.

That sentence related to offences that included two robberies and a further attempt.

"One would've thought if you were going to turn your life around, that would be the time," the magistrate said.

While Ms Wilken argued the threshold for a jail sentence had not been crossed on this occasion, a prosecutor disagreed.

The prosecutor described the attack as a "coward punch", saying such incidents had the potential to be catastrophic for victims.

He urged Mr Richter to impose a sentence that would reflect "society's abhorrence".

His submissions prompted Ms Wilken to argue the assault was not a punch.

She called it a "strike", and Mr Richter said he thought it was "more of a shove".

Nevertheless, the magistrate told John Papali'i the offence was "the type of conduct that clearly warrants a jail sentence".

He added John Papali'i, "a big man", was "very lucky" the victim had not hit his head on the concrete and died as a result.

Mr Richter also said the latest offence made him "more than a little sceptical" about claims John Papali'i had turned his life around since being sentenced in 2015.

The magistrate referred at one stage to a character reference from Josh Papali'i, saying the offender's brother had described the assault as "out of character for John".

"But it's not," Mr Richter said, noting John Papali'i had a previous assault on his criminal history.

"You were ... given a significant chance to turn your life around, and you haven't done it."

The offender will be subject to a two-year good behaviour order upon his release.

While the court was told John Papali'i had cut ties with "antisocial peers", he was seen fist-bumping convicted drug trafficker Jomal Nchouki, who attended on Monday to support him, before being taken into custody.

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