AN unprovoked punch to the head that caused a man to lose an eye has resulted in a three-month jail sentence for a Narre Warren man.
Shawn Bishop, 34, who pleaded guilty in the Dandenong Magistrates Court last Tuesday to a charge of recklessly causing serious injury, was released on bail after lodging an appeal against the severity of the sentence.
Magistrate Brian Barrow said he did not expect Berwick victim Jose Collard would derive any comfort from evidence the attack was completely out of character for Bishop.
Mr Barrow rejected defence lawyer Tom Moisidis' submission that the assault in the car park of the Narre Warren Public Hall during an engagement party was vastly different from the alcohol-fuelled violence regularly occuring near Melbourne nightspots.
"It was (essentially) random, unprovoked and involved excessive consumption of alcohol," Mr Barrow said.
"(The blow) could reasonably be described as a king-hit and this type of assault...will no doubt continue unless the message gets into the community that this behaviour will not be tolerated."
Leading Senior Constable Glenn Horman said the attack happened at 11 pm on November 30 when Mr Collard, who was resting in his car, flashed his lights after noticing Bishop urinating near the vehicle.
Bishop walked behind the car, opened the door and punched Mr Collard, resulting in broken facial bones and the eventual loss of an eye, Leading Senior Constable Horman said.
While appearing remorseful, he insisted to police he feared Mr Collard might have assaulted him.
Mr Moisidis said his client had no prior convictions and while normally a moderate drinker, had consumed whiskey and beer at the party.
A jail term would be crushing for Bishop, "who is horrified the victim has suffered so badly".
Mr Barrow sentenced Bishop to nine months' jail but suspended six months of that term.
VICTIM'S ACCOUNT
ASSAULT victim Jose Collard is angry his attacker is challenging his three-month jail term, saying he has been left with the harsher "sentence".
"If he is jailed, he will come out and still be able to do everything he could do before," Mr Collard, 58, told the Journal after the hearing.
"But I will be condemned to living with one eye. For the rest of my life I will have to go through what he did to me."
Mr Collard must undergo further facial reconstructive surgery. While being given the medical OK to drive, his family are not comfortable with him driving his five grandchildren.
Mr Collard also lives in fear of being assaulted again and worries about losing the sight in his remaining eye.
He tried to be brave for the sake of his family but hit rock-bottom when a grandson came to see him and burst into tears. "It was the hardest thing in my life.