A Tasmanian man has avoided jail after knocking a fellow cricket club member unconscious with a single punch, leaving him with a broken jaw and unable to eat solid food for six weeks.
Callum Errol Smith, 36, was handed a nine-month suspended sentence after pleading guilty to assaulting a 22-year-old at the Don Cricket Club in March 2022.
The Supreme Court of Tasmania heard Smith struck the younger man during a late-night altercation at a club function.
The victim, who had a blood alcohol reading of 0.246 upon arrival at hospital, had been arguing with Smith’s partner after accidentally smashing a glass on the dancefloor.
“Your partner approached you and asked you to do something about the situation,” Justice Tamara Jago said.
The punch knocked the victim unconscious and caused him to fall. Smith also lost his footing and fell on top of the victim.
The man suffered a fractured jaw, facial swelling and heavy chest bruising. He spent time in hospital and was off work for several weeks.
“He still experiences some difficulties with his jaw. He says it occasionally locks up when he is endeavouring to eat,” Justice Jago said.
The court heard the incident left the victim socially ostracised and divided the cricket club.
“I accept that in the lead up to this incident, [the victim] was intoxicated and may have been behaving in an annoying and argumentative manner, but nothing that he did justifies the violence that you inflicted upon him,” Justice Jago said.
“This assault was entirely unwarranted. The use of violence to settle grievances or annoyances, real or perceived, is simply unacceptable.”
She said sporting clubs should be places of “healthy connection, camaraderie and support” rather than a “breeding place for alcohol fuelled violence”.
“Quite frankly, people’s attitudes need to change, which is why general deterrence is such a weighty consideration in this sentencing exercise,” she added.
Smith, who runs a tree-removal business, had no prior convictions for violence.
His suspended sentence means he will avoid prison unless he commits another imprisonable offence within two years.
