Man sentenced for 'callous' New Year king hit attack at shopping centre
A young man who "king hit" another man and searched his pockets before leaving him lying unconscious in a pool of blood in an "appalling" New Year's Day attack has been sentenced to three years behind bars.
Jairlan Victor Bruce Simpson, 21, appeared in the Southport District Court on Tuesday, where he pleaded guilty to one count of grievous bodily harm over the assault at a Gold Coast shopping centre precinct early on January 1.
The court heard the confrontation was sparked after the victim, a 44-year-old Carrara man, made a derogatory comment to Simpson's then-girlfriend and another female friend as they waited for an Uber at Pacific Fair after a night of New Year's Eve celebrations.
Crown prosecutor Kathleen Christopherson told the court the man, who had been drinking, held his phone out as he walked past the women and said, "You b****es ain't even worth recording".
Simpson's girlfriend told the man to "keep walking", and he headed away towards the Pacific Fair bus station.
When Simpson, who had been riding around the precinct on a bike at the time, returned to the two women, they told him about the encounter but urged him to "just leave it".
However, prosecutors said Simpson instead rode to the bus station and confronted the 44-year-old, following closely as he attempted to walk away.
The court heard seconds later, "without warning" or provocation, Simpson punched the right side of the victim's face, causing him to fall unconscious onto the road.
Footage played in court showed Simpson then crouched over the victim and searching his pockets and bag for 20 seconds as a pool of blood trickled from his head.
"It is, with respect, absolutely woeful," Ms Christopherson said.
"The defendant shows … a callous disregard for the wellbeing of the complainant who is just so severely injured."
Simpson left the scene briefly before returning and attempting to revive the victim.
He then returned to his companions, telling them he had confronted the man, and that he had a "bleeding cut above his head" and was "on the ground like he was sleeping".
The sentence was handed down at Southport District Court. (ABC News: Kimberley Bernard)
'Significant' ongoing impacts for victim
The court heard the victim was discovered soon after by a member of the public and taken to hospital by ambulance, where he remained in an induced coma for about a week before completing a month of "intensive rehabilitation".
In a victim impact statement, the Carrara man said he experienced "significant" ongoing impacts from the incident, including memory loss and persistent headaches.
"He is fearful and intimidated in social settings and finds himself staying at home more often," Judge Deborah Holliday KC said.
The court heard days after the incident, Simpson turned himself in at a police station where he was arrested, remaining behind bars since.
Prosecutors submitted that Simpson should be sentenced to up to four years' imprisonment with parole in Queensland after he had served one-third of his sentence.
But Simpson's lawyers argued that a sentence of up to three years' imprisonment suspended after time served would be appropriate, as it would allow him to live with his parents in rural New South Wales once released.
Simpson's lawyers said they accepted the 21-year-old's behaviour on January 1 was "abhorrent" and "appalling", but they highlighted he had since demonstrated remorse.
In sentencing Simpson, Judge Holliday said she took this into account, as well as his young age, lack of any criminal history, and early guilty plea.
But ultimately, she determined a partly suspended sentence would not be appropriate.
"This is serious offending and, to my mind, the structure of parole is required despite the factors in your favour," she said.
"It cannot be lost sight of that you punched the complainant when he was of no physical threat to you, causing serious and ongoing consequences for him.
"After the offence, instead of rendering assistance, you acted in the way that I have detailed, which suggests a lack of immediate remorse, although I accept you are now remorseful."
Judge Holliday sentenced Simpson to three years' imprisonment with parole release on November 6 this year.
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