Langwarrin man gets jail after one-punch causes serious injuries


Langwarrin man gets jail after one-punch causes serious injuries

Sharon Green Frankston Standard Leader January 27, 2014


A LANGWARRIN man has been sentenced to three months in jail after he punched another man and left him with serious injuries.

Mornington Leading Senior Constable Colin Barber said Christopher Muston, 24, appeared at Frankston Magistrates' Court on January 15 and was charged with recklessly cause serious injury.

"The offender was given a three-month sentence of imprisonment and a nine month community corrections order, which includes anger management and alcohol counselling," the officer said.

Sen-Constable Barber said the incident occurred on Main St, Mornington about 3.30am on April 20, 2013. The 25-year-old male victim went to the aid of a crying female and Muston punched him in the forehead. The attack was unprovoked.

Sen-Constable Barber said the "one-punch" caused the victim to fall and hit his head on the concrete, made him unconscious and fractured his skull in two different places.

The victim was taken to Frankston Hospital by ambulance but was later rushed to The Alfred for treatment for a brain bleed.

As a result of the injury, the victim sustained serious injuries including loss of hearing in his left ear, loss of memory of certain events, loss of taste and loss of smell.

The victim had his driver's licence removed and was unable to work for at least three months.

Sen-Constable Barber said Muston denied he performed the assault but that his identity was established and confirmed through assistance on social networking site Facebook.

Sen-Constable Barber said Muston was sentenced by magistrate Andrew McKenna who was moved by victim impact statements from both the victim and the victim's mother.

"The magistrate stated he was aware of an increase in alcohol-fuelled violence and imposed the sentence as a general deterrence to others," he said.

Sen Constable Barber said this was the first time he had seen such a heavy sentence issued for an incident of this kind.

"This should act as a warning to others," he said.

"Police are frustrated by alcohol and drug fuelled violence on the streets, especially within the vicinity on nightclubs. We won't tolerate this behaviour anymore."

The incident is one of many one-punch incidents that have prompted tougher laws

A study by Monash University's Department of Forensic Medicine found that "one-punch" assaults had claimed 90 Australian lives from 2000 - 2012, typically in alcohol-fuelled bashings.

The study showed that New South Wales had the highest number of king-hits (28), followed by Victoria and Queensland (24 cases each).

New laws will be introduced in NSW for tougher sentences against drunken violence including one-punch assaults.

The measures include minimum eight-year sentences for fatal one-punch assaults influenced by drugs or alcohol.

The move comes after 18-year-old, Thomas Kelly, died after being punched in 2012 in Sydney.

Mornington MP David Morris said Victoria has introduced a wide range of reforms, with new offences and higher penalties for anti-social behaviour in and around licenced premises.

"Last year the Government introduced new offences for attacks that involve gross violence, with a statutory minimum penalty. Where an attack involves a cowards punch the amendments should cover that, but I will be watching closely any further changes that NSW might make.

"I would certainly be prepared to support additional laws if that would provide a bigger disincentive to thugs behaving in this gutless fashion."

Federal Member for Dunkley Bruce Billson said tackling binge drinking culture and the violent behaviour that accompanies it is a challenge for officials at every level.

Mr Billson said a multifaceted approach was required to make the streets safer, rather than a single idea or action.