Stranger assault: no jail

A YOUNG footballer who jumped in on his friend’s fight during a night out at Salamanca, smashing a stranger’s jaw, is likely to avoid jail time.

Joshua Scott Webster, 25, pleaded guilty to one count of assault after the “fracas” in the early hours of February 2 this year.

The Supreme Court of Tasmania heard on Monday that the 24- year- old victim, Jake Riley, had attended the Brick Factory and Grape bar before speaking with a woman while smoking a cigarette.

Another man told Mr Riley to “back off” before the pair decided to walk to the grassy area opposite the bars to fight.

Unknown to them, the court heard, Webster — seeing his friend was “outnumbered” — followed them across the road.

The two men resolved their differences, but Webster said “what’s going on here?” before punching Mr Riley in the face.

Mr Riley went to the Royal Hobart Hospital with an acute intracranial haemorrhage — bleeding inside the skull — and fractures to both sides of his jaw. He underwent surgery and had a titanium plate inserted and has since returned to hospital for follow- up surgery.

A few days later, Webster spoke to police and said he “acted on instinct” and “in hindsight, he should have walked away”.

“He said, ‘ I thought I can’t let my mate get bashed by two blokes’,” Acting Justice David Porter heard on Monday.

Webster’s defence lawyer said he was remorseful, took full responsibility for his actions on the night in question, and had been given a reference from the president of the Hobart Football Club about his “loyalty” and his generally responsible consumption of alcohol.

“He observed the complainant take a couple of steps towards him and had his fist clenched,” his lawyer said.

“( But) he accepts his conduct was not reasonable and went beyond any reasonable self defence.”

Acting Justice Porter said he would have Webster assessed for community service and would sentence him on Friday morning.