Jail for frenzied attack that put stranger in hospital

Crown prosecutor Amanda Payne told the court Foster pulled his victim by the bum bag looped around his body and slammed him on the ground during the “frenzied attack”.

“He knocked the complainant unconscious. The defendant picked up his body and slammed it on to the bitumen of the road a number of times,” she said.

“He dragged the complainant, stomped on his head at least four times and repeatedly punched the the head.”

The court heard the attack lasted about a minute and a half.

Foster ran across the street and hid in a yard before police were called by witnesses that had driven by, the court heard.

Police arrested Foster a short time later but he was released without charge the following morning as a witness statement could not be taken by the victim, who was complainant in still recovering in hospital.

After a statement was taken from the victim on March 13, police arrested Foster on March 24, the court heard.

Foster pleaded guilty to robbery with personal violence.

Defence barrister for Foster Dane Marley said his client had played rugby league for the Palm Island Barracudas and had been drinking before the incident.

“I am instructed the defendant was so intoxicated he remembers little occurred,” he said.

“He ... instructs he suspects his drink was spiked.”

Mr Marley told the court Foster was a father to six children, with one born in April while he was behind bars.

Judge Gregory Lynham told Foster his behaviour was “reprehensible”.

“It goes without saying every member of the community in Townsville should be free to walk the streets in complete of what safety,” he said. “Why you would be out on the streets at that time of the night involving yourself in assaulting someone ... rather than being at home with your partner and children is anyone’s guess.”

Sentencing Foster to three and a half years’ jail, Judge Lynham said he had already spent 150 days in pre-sentence custody, which was declared as time served.

A parole eligibility date was set at May 24 next year.