March 4, 2014

A 20-year-old Nanango man was today sentenced to 18 months jail for an assault which left a man with a  jaw so badly broken that a titanium plate and screws had to be inserted by surgeons.

Jade Hugh Cherry had been due to face trial last week in the District Court in Kingaroy but on the morning of the trial elected to plead guilty to two charges: assault occasioning grievous bodily harm and attempting to pervert the course of justice.

He appeared for sentence before Judge Brendan Butler today.

Crown Prosecutor Ron Swannick said the assault occurred in the early hours of July 20 last year after two groups met up in Appin Street East, Nanango, after an earlier confrontation at a party.

Everyone involved was “very drunk”, Mr Swannick said.

According to a witness statement, the victim had stepped between the parties in an attempt to intervene but was punched by Cherry on the jaw.

He fell unconscious and struck his head on the footpath. He was later transferred to the Princess Alexandra Hospital in Brisbane for treatment.

After the blow, Cherry was heard apologising and urging the victim to get up, saying “I only hit him once”.

After Cherry was arrested he was held at Maryborough Correctional Centre.

Mr Swannick said telephone recordings made at the jail captured Cherry making death threats against witnesses to the altercation, including urging family members to threaten them on Facebook.

“The attempts to intimidate witnesses were ham-fisted but effective,” Mr Swannick said.

He said many of the witnesses had become fearful about coming to court.

Judge Butler sentenced Cherry to 18 months jail for the assault, and six months jail for attempting to pervert the course of justice, with both sentences to be served concurrently. Convictions were recorded.

He ordered that the 180 days Cherry had been held in custody would be counted as timed served and fixed a parole release date of May 3.

Cherry also pleaded guilty to four summary charges: contravening a police direction, unlicensed driving, and driving an unregistered and uninsured vehicle.  He was convicted but not further punished. No conviction was recorded.