Soldier sentenced for fight
A SOLDIER who broke a fellow serviceman’s jaw in an unprovoked drunken attack will walk on a suspended sentence after spending almost a fortnight behind bars.
Corey Rickey Geoffrey BrooksMcfadden, 27, appeared for his sentencing in the Townsville District Court on Friday before Judge Paul Smith.
Brooks-mcfadden pleaded guilty last week to one charge of grievous bodily harm in a public place while adversely affected by an intoxicating substance, from an assault on February 15, 2020.
The matter was adjourned for several days while Judge Smith determined whether or not the trooper should serve time in custody, and had been remanded since September 27.
On the night of the assault, Brooks-mcfadden had been part of a bucks party before approaching a man outside the 237 Flinders nightclub.
“We’re brothers, we’re family,” he had told the other man, and embraced him.
Brooks-mcfadden then sat down and said he was “keen on a fight”.
The other man made a punching motion in the air and said he “probably shouldn’t do it”.
Brooks-mcfadden then got up and punched the man in the jaw twice.
The man suffered a fractured jaw, and required surgery with metal plates fitted in his jaw.
Judge Smith said he believed Brooks-mcfadden may have “misinterpreted” the man’s actions and that he was clearly “grossly intoxicated” at the time.
He took into consideration several letters of reference and a letter of apology, as well as his personal circumstances – including his marriage breakdown, which had occurred around the time of the incident.
He said while Brooks-mcfadden had been suspended without pay for several months from the Australian Defence Force, he was now working full-time again – but still faced the possibility of losing his employment.
“(You) have shown significant remorse and personal growth … I accept this behaviour is completely out of character for you,” Judge Smith said.
He decided Brooks-mcfadden would not serve time in custody for reasons including he had shown remorse, offered compensation, had a lack of criminal history and had been punished by way of suspension.
Taking into account the 11 days spent in custody, Brooks-mcfadden was sentenced to two years’ imprisonment, wholly suspended.
He must complete 240 hours’ community service and pay $4000 compensation.
A conviction was recorded.