A 21-year-old Falcon man has been sentenced to eight months imprisonment for his involvement in a violent brick attack in the Smart Street Mall.
Travis Hugh Payne was charged with one count of common assault and in May pleaded guilty to punching a 27-year-old man during a night out in Mandurah earlier this year.
The incident occurred about 1.30am on Anzac Day. Police allege four people attacked one man with punches and by throwing bricks.
The victim was rushed to Peel Health Campus with head injuries, while a woman in her 20s, who ran over to assist, was also struck in the head by a brick, police claim.
She was also taken to Peel Health Campus and sustained a fractured skull and perforated ear drum.
It is disturbing behaviour that the community is fed up with.Mandurah Magistrate Anne Longden
Police prosecutor Tamara Read told the court the offender was with three other men, some of whom he had only met that night, when he threw a number of punches at the victim.
“The accused approached the victim in a fighting stance with fists raised,” she said.
“Two of the co-accused threw bricks, one of which connected with the victim’s head.
“At the same time, the accused punched the victim with a closed fist causing him to fall to the ground.
“He then stood over the victim in an aggressive manner.”
Payne’s lawyer Clare Hay told the court her client was “not the main instigator or the main aggressor” in the attack.
“He accepts full responsibility for his part,” she said.
“He had only met them that night… for an unknown reason he got involved and has ended up in this very serious situation.”
Ms Hay asked Magistrate Anne Longden to consider a suspended term of imprisonment.
“He has attended two counselling sessions with Relationships Australia… and participated in an anger management course,” she said.
“He obtained a FIFO job in September.”
But Ms Longden said the attack was “simply too serious”, describing it as an “unprovoked episode of violence”.
Imprisonment is the only appropriate term.Anne Longden
“You chose to involve yourself… you shaped up,” she said.
“You had plenty of opportunity to retreat but you took part rather enthusiastically.
“It is disturbing behaviour that the community is fed up with.”
Ms Longden said Payne’s record, which includes a seven-month suspended jail term for a similar offence in 2016 and three drunk and disorderly charges, meant she “ultimately must impose a term of imprisonment”.
“Imprisonment is the only appropriate term… I’ve been urged to suspend that term but I do not consider that to be appropriate,” she said.
Payne was given a 20 per cent reduction for his early plea and was sentenced to eight months imprisonment. He will be eligible for parole.
A 20-year-old Kelmscott man has been charged with common assault and received a $1000 fine in relation to the same incident. He had no prior record.
A 19-year-old Beaconsfield man and 23-year-old Dudley Park man, who police allege threw the bricks in the attack, will be sentenced in January at the Perth District Court.