A BALLARAT man who glassed another man at JD’s Sports Bar last year, leaving lifetime scars which required plastic surgery, will not have to serve his three-month jail term.
Timothy Griffith, 24, appeared in the County Court at Ballarat on Thursday where his appeal was upheld.
Griffith was jailed for at least three months in September last year for the attack which a magistrate described as intentional and gruesome.
Re-sentencing Griffith to an 18-month community correction order on Thursday, Judge Liz Gaynor said the incident had “a touch of the accidentals” about it.
Griffith had been on the dance floor at JD’s Sports Bar about 11.45pm on June 1 last year when he smashed
his pot glass across another man’s face after a verbal altercation.
The victim required plastic surgery to repair a deep gouge and lacerations to his cheek.
Griffith pleaded guilty to recklessly causing serious injury last year.
“It doesn’t sound like there was an intention to use the glass,” Judge Gaynor said on Thursday.
She said the accidental incident would have been a “nasty lesson” for Griffith, adding jail wasn’t appropriate.
“It sounds like you frightened the life out of yourself,” Judge Gaynor said.
Griffith, who had no criminal history prior to the glassing, wiped away tears as his barrister said he was now a “changed man”.
Crown prosecutor Tim Hoare said there was a need for general deterrence when it came to alcohol fuelled violence, including glass attacks.
Referring to the fact Griffith had been drinking at his football club in the lead-up to the attack, Mr Hoare said there was an unfortunate link between football clubs and binge drinking.
Members of Griffith’s family smiled and hugged in the court room as he walked free.
Griffith must complete 180 hours of unpaid community work.