One punch attack leaves local crabber without a job
BAD blood and a snap decision to throw one punch had Dylan Blade Soden facing jail time.
Soden, curly haired and sporting sparse facial hair befitting his young age of 19, sat hunched in Gladstone magistrates court charged with the assault of a 61-year-old man.
The pair were both at a party at Darts Creek on March 27 this year when an argument erupted over an incident that occurred three years ago.
The court heard that Soden's brother had been "bashed" by the victim and two others, which clearly Soden hadn't forgotten about.
As the verbal stoush became more heated, police facts stated Soden pushed the 61-year-old victim in the chest, causing him to fall over.
The victim got back to his feet and came towards Soden when he punched him in the face, which sent him back to the ground, landing on and breaking his left wrist.
"At this point the victim grabbed a stool but others at the party stepped in and separated (both men)," magistrate Melanie Ho said.
"The victim left the party and was later transported to Gladstone Hospital for treatment of a broken wrist.
"The victim was then transported to Rockhampton Hospital for surgery where a metal plate was inserted into his wrist."
Soden pleaded guilty to the assault which left the 61-year-old man out of work and suffering psychological damage.
In a victim impact statement the court heard that as a result of a broken wrist, the victim needed a carer for three weeks and was unable to work as a crabber and weed sprayer, which meant he lost $20,000 worth of weed spraying contracts and between $500 and $700 a week from crabbing.
"Apparently there is ongoing treatment and it is unknown at this stage if there will be a permanent disability," Ms Ho said.
"(The victim) makes the claim he cannot lift over 1kg but there is nothing to support this.
"It is also noted that this incident has exacerbated underlying psychological issues," Ms Ho said.
But, and as Soden's lawyer Mark Platt pointed out, he is young, the attack was not premeditated and he has no previous criminal history. Taking this into account and accepting that the assault was out of character, Ms Ho recorded no conviction against Soden but sentenced him to two years probation.