A man who took part in a drunken assault that broke a stranger’s jaw on both sides has avoided jail, almost six years after the attack.
Nathan James Gale-Burke, 31, pleaded guilty to one count of assault and was sentenced in the Supreme Court of Tasmania on September 18.
Justice Michael Brett said Gale-Burke and a co-offender were heavily intoxicated when they confronted a man they did not know outside a Devonport takeaway shop just after midnight on December 18, 2020.
The court heard the victim had done nothing more than push Gale-Burke away with an outstretched hand before trying to walk away.
Justice Brett said both men then punched and kicked the victim against a wall and continued attacking him after he fell to the ground, stopping only when nearby witnesses pulled them away.
The victim’s jaw was fractured on both sides and a tooth was knocked out.
He needed surgery to insert plates and screws and was left with lasting physical and psychological effects.
“Drunken street violence of this nature continues to pose a significant problem and is regarded seriously by the community and the courts,” Justice Brett said.
“Given the predatory and brutal nature of this assault, the only possible sentence is a sentence of imprisonment.”
But he said Gale-Burke, who was 25 at the time, had since made a fresh start, securing permanent mining work in Western Australia and staying out of trouble after leaving Tasmania in 2023.
Gale-Burke was only caught after he applied for a security licence and an outstanding warrant was discovered.
He was extradited to Tasmania and pleaded guilty after the charge was downgraded from grievous bodily harm to assault.
Justice Brett sentenced him to 12 months in prison, wholly suspended for two years, in line with the sentence imposed on his co-offender.
“The suspended sentence can travel with you and will hang over your head for two years and if you breach the primary condition of that sentence by committing another imprisonable offence of any nature, in Western Australia or any where else, then it is likely that you will again be extradited to Tasmania and required to serve this sentence,” he said.
“Of course, provided that you maintain your current prosocial attitude, there is no reason why that should occur.”
