Man ‘can’t remember’ violent CBD assault
A VIOLENT Cairns man can't remember the moment he launched a brutal attack outside a city centre nightclub that left his victim with a broken jaw.
Thomas Lukas Smetana had been told not to drink - but he did anyway.
CCTV footage played in the Cairns District Court captured the moment he landed a surprise punch to the man's head after he had been taunted by the victim's girlfriend.
Smetana had "shaped up" to him just outside the Woolshed after there had been an earlier fight at Gilligan's Nightclub.
"It does seem to me that you overreacted to the girlfriend's taunt while tensions were still very high," Judge Dean Morzone QC said.
While the victim was waiting for police, Smetana returned and punched him again.
"At least at that stage it seemed to me that it was gratuitous in its nature, not provoked by what had preceded and it was in a public place and therefore it does impact upon public safety," Judge Morzone said.
The 34-year-old was drunk and doesn't remember the assault. While his victim needed surgery so metal plates and screws could be inserted into his broken jaw.
"They're significant injuries," Judge Morzone said.
Smetana, who suffered from a brain injury after he was assaulted years ago, had been warned by a neurologist not to drink alcohol because of the injury.
"I hope that shocks you a little bit," Judge Morzone said.
He was jailed for 33 months after pleading guilty to causing grievous bodily harm in June last year.
The court heard he'd spent about three months in custody before he was granted bail. But he was sent back to jail for another five months with a parole release date in April next year.
This is the second time Smetana had fronted court for grievous bodily harm, which involved stabbing his victim during a fight. He committed this while on bail for an armed robbery where he stole $14,000.
Defence barrister James Sheridan described Smetana has a talented guitarist, who had "stepped up" as a partner to help his fiancee with her teenage daughter.
Mr Sheridan told the court that actual jail would be harder for his client because of his brain injury.