Jail spared for self-defence bashing
Bashing victim Jordan Gibbings is upset his attacker has avoided jail.
Nicholas Brindley, 19, was sentenced to a nine-month suspended prison term and fined $3000 yesterday for assaulting Mr Gibbings at a 21st party in Attadale in September.
Mr Gibbings, 20, had a 10cm gash to his face after he and Brindley fought outside the party.
Tension between the pair, who did not know each other, began earlier when Brindley's friend accused Mr Gibbings of stealing cigarettes.
Brindley was initially to stand trial yesterday in Fremantle Magistrate's Court after he pleaded not guilty to the more serious charge of unlawful wounding last year.
Prosecutor Sgt Matthew Fearnley agreed to downgrade the charge to assault causing bodily harm after the defence accepted Brindley's actions were unreasonable.
Defence lawyer Philip Urquhart said though his client's actions were not reasonable, he acted in self-defence.
He said Brindley's friend Stewart Lougher, who questioned Mr Gibbings about the cigarettes, was being assaulted by Mr Gibbings' friend Joseph Hartley.
Mr Gibbings and Brindley then struggled and Brindley found a candelabrum within reach and hit Mr Gibbings with it.
"He believed what he did was necessary to defend himself and to aid his friend," Mr Urquhart said.
Magistrate Steven Malley took into account Brindley's early guilty plea and gave him three months off a 12-month suspended term. He also noted the long-term physical and emotional impact on the victim.
"This case involves physical injury but the reality is it is a matter of luck - it could've been far, far worse," Mr Malley said.
He told Brindley that Mr Gibbings had to "live with it longer than you". Mr Gibbings needed 31 stitches in the wound.
"I feel pretty low," Mr Gibbings said outside court. "Physically, people say the scar is hardly noticeable, but I wake up every day and see a big scar on my face. It is on my mind all the time. I already have anxiety issues and this makes it worse."
