No jail time for attack in club

JANESSA EKERT McKay’s victim impact statement he described still having headaches, nightmares and a disrupted sleep.

Smith, 28, pleaded guilty to causing grievous bodily harm.

Ms Moore said this type of offending was serious and needed strong denunciation.

Mr Trevino said his client had work readily available and described this incident as out of character.

The court was told that Smith had also been injured by nightclub security who found him after the attack.

“After throwing the punch he left. He was then accosted by security and manhandled into ... the gaming room at (the premises) in this particular corner where the closed circuit cameras do not reach ... and quite a significant assault was occasioned to him,” Mr Trevino said.

He had bruises and scratches to his neck and face and bruises to his back.

Smith was arrested, but Mr Trevino said his injuries were such that officers took him to hospital.

Judge Dean Morzone said the offending was not gratuitous and it appeared there had been some retribution.

“Your reaction though was excessive and had an unnecessary level of force,” Judge Morzone said.

“It does seem that you lost self-control.”

Judge Morzone said a term of imprisonment needed to be imposed and jailed Smith for 18 months wholly suspended.