Prison time for vicious assault

A FAR Northern man will spend the next 12 months in jail for a savage assault he can barely remember.

Security guard Henry Johnston-Cloake was patrolling Yarrabah Hospital about 4.30am on November 11 last year when Jyron Mayard Livingstone struck him across the face with a piece of wood.

The 50-year-old was left dazed, confused and struggling to stay conscious.

The single blow shattered his jaw bone, causing two significant fractures.

Cairns District Court Judge Tracy Fantin labelled the attack as unprovoked and vicious.

“You were entirely to blame for this assault,” Judge Tracy Fantin said.

“This poor man was protecting the health centre at Yarrabah, which is an incredibly important community resource … he had an important role and he was savagely assaulted.”

Yesterday 22-year-old Livingstone pleaded guilty to grievous bodily harm and attempted enter premises with intent.

He was sentenced to a threeand-a-half year jail term to be suspended after 12 months.

The court was told that Livingstone had been drinking all night and was convinced by a juvenile co-offender to go and steal petrol.

While patrolling the hospital Mr Johnston-Cloake spotted the youth kicking a door to one of the units before fleeing.

Shortly after, he heard a noise near a car parked outside the fence around the hospital and went to investigate. Livingstone, who was hiding behind the car, struck him across the face with the weapon.

Defence barrister Rochelle Logan said her client had a poor memory of the night including the grievous bodily harm.

“He does not know why he did it,” Ms Logan said.

Crown prosecutor Naomi Nielsen told the court Mr Johnston-Cloake fell to the ground “dazed and confused” and fought to stay conscious.

“His bottom jaw bone was grinding as he swallowed and he could feel broken teeth at the back of his throat,” Ms Nelson said.

The court was told that Livingstone had stayed out of trouble since this offending, had completed volunteer work and was remorseful.

YOU WERE ENTIRELY TO BLAME FOR THIS ASSAULT … THIS POOR MAN WAS PROTECTING THE HEALTH CENTRE … HE HAD AN IMPORTANT ROLE AND HE WAS SAVAGELY ASSAULTED

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