A 19-year-old man from Sanctuary Point has been publicly admonished by a judge for displaying a 'total lack of respect' by laughing and clapping in court after his prison sentence was varied to home detention.
Serious Assault at South Nowra Fast Food Outlet
Jayden Allen, of Cammaray Drive, Sanctuary Point, appeared before Nowra District Court Judge William Fitzsimmons via audio-visual link on Monday, December 16. He was appealing a 20-month imprisonment sentence handed down by Magistrate Lisa Viney on October 21.
The sentence was for charges including common assault, assault occasioning bodily harm, affray, and intimidation of a police officer.
Court documents revealed the first offence occurred around 3am on August 24 at a fast food outlet in South Nowra. Judge Fitzsimmons stated the victim was leaving after his shift when Allen followed and headbutted him in an unprovoked attack.
When the victim pushed Allen away, the offender responded by punching him repeatedly in the face. The assault continued after the victim fell forward, with further blows causing a brief loss of consciousness.
A second victim who tried to intervene was kneed in the groin. Judge Fitzsimmons described the incident as an 'unprovoked and vicious attack upon an innocent victim' and noted the injuries could have been far worse.
Abhorrent Threats to Police Officer
The court heard Allen committed a second offence on September 9 in Huskisson. After being taken into custody for aggression towards another male and resisting arrest, he made graphic threats to a police officer at Nowra Police Station.
Allen threatened to slit the officer's throat, rip his head off, and harm his family. Judge Fitzsimmons labelled the language used as 'abhorrent' and emphasised the officer was simply performing his duties.
Sentence Varied to Intensive Correction Order
In his sentencing remarks, Judge Fitzsimmons said the original jail term was 'entirely appropriate'. However, the key issue was whether the sentence could be served in the community.
The court considered Allen's lack of prior criminal history and a letter of support from his employer. It was argued strict supervision could manage community safety risks.
Judge Fitzsimmons ultimately allowed Allen to serve the remaining eight months of his sentence via an intensive correction order (ICO), which includes home detention. The strict conditions of the order require Allen to:
- Engage with drug and alcohol services.
- Attend a GP for a mental health treatment plan.
- Undergo psychological assessment for anger management.
- Complete 300 hours of community service.
'Borderline Being Back in There': Judge's Stern Warning
While delivering his decision, Judge Fitzsimmons abruptly stopped to reprimand Allen for his behaviour on the audiovisual link.
'I do not appreciate you moving your hands, clapping and laughing,' the judge stated, criticising the 'total lack of respect' shown for the court and the seriousness of the matters.
The judge warned Allen that despite serving his time in the community, he would be swiftly returned to custody for any breach. 'You should appreciate and understand the seriousness of what an intensive correction order is,' Judge Fitzsimmons said. 'Quite frankly, you are borderline being back in there.'
He said the actions made him question whether Allen truly understood the harm caused to his victims. A small group of young people present in the courtroom were also scolded by the judge for their attitude.
