Kevin John Everitt sentenced to 15 months in jail for assault occasioning actual bodily harm

Kevin John Everitt, 34, was charged with assault occasioning actual bodily harm and larceny, and was sentenced for the charges on June 14 after entering pleas of guilty.

According to agreed facts tendered to court, a man was walking along Darlington Point Bridge around 7pm on August 29 before he realised he'd forgotten something and turned around to get it.

The man was walked past Everitt and was grabbed by the jacket collar. Everitt punched the victim four times with a closed fist to the right ear and neck.

As the victim tried to escape the jacket was pulled over his head and once free he attempted to flee. Everitt tackled the victim who rolled into a drain.

Everitt then kicked and stomped on the victim 15 times to the head and ribs. The victim tried to protect himself but had difficulties breathing and was left dizzy.

Everitt threatened the victim that next time around he would stab him.

Eventually the victim was able to flee and he saw Everitt taking a photo of his belongings including a jacket, cap, bum bag, house keys and his phone, before Everitt took them and left.

The victim was treated at Griffith Base Hospital for bleeding, bruising to his right hand side of his chest and the left hand side of his posterior chest before being discharged that night.

Everitt's barrister Jonathan Wilcox said his client had a limited criminal record, describing the violence as "out of character" and spontaneous and unplanned.

Mr Wilcox highlighted to the court, that in the sentencing assessment report, Everitt's motivation had stemmed from a belief the victim had taken items belonging to Everitt's mother who had died while he was in custody.

He said all but the victim's mobile phone had been returned.

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Mr Wilcox told the court Everitt had strong supports and connections and Griffith which would enable him to re-integrate into the community on release. He asked the court to consider supervision for Everitt.

Solicitor Stephanie Mulholland, representing the Director of Public Prosecutions, argued the threshold for imprisonment had been crossed due to objective seriousness of the violence.

"The victim was caught off guard, with multiple hits to the head," Ms Mulholland said.

Magistrate Trevor Khan found there was limited planning in the offence but described the assault as "brutal".

"People are entitled to walk the streets without fear of getting belted," Mr Khan said.

"The first blow was delivered without warning, it was a cowardly, unprovoked attack. Followed by repeated blows and further aggravated by kicking and stomping on the victim.

"The injuries are not insignificant but don't fall in the worst category, the defendant is extremely lucky the victim has suffered no ongoing effects."

Mr Khan said the allegation that the victim had taken items from Everitt's mother in "no way mitigates from the seriousness of the offence".

He said such allegations should be "determined by police not on the bridge at Darlington Point".

Mr Khan noted Everitt had been in custody since September 2 last year, but had committed the assault while on parole which was due to end on April 6 this year.

He noted Everitt's early plea of guilty and allowed some of the 218 days Everitt spent in jail as time served before sentence.

Everitt was sentenced to 15 months in jail, with a non-parole period of 11 months, dating from December 19, 2022.

For the charge of larceny he will serve a two-year supervised community corrections order.

He will be eligible for parole on November 18.

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