HORSHAM Magistrate's Court heard on Wednesday how the lives of two young men had changed forever after an assault at a party in Rupanyup in May this year.
Dennis Finnigan, 20, of Wimmera Highway, Murtoa, was convicted of having recklessly caused injury after breaking the jaw of a 17-year-old, and ending the season of the promising elite footballer.
Police prosecutor Senior Constable Kevin Taggert said that Finnigan punched the victim once while he was sitting on a couch in a shed at an 18th birthday party on May 17.
Sen Const Taggert said the victim suffered a bilateral jaw fracture, broken in two places, requiring surgery where titanium plates and wires were inserted.
"The victim was attending Clarendon College in Ballarat on a football scholarship and could not play football after the incident," Sen Const Taggert said.
Finnigan wrote the victim a text message on May 18 to say sorry and then wrote an apology letter to him.
Defence solicitor Nick Lucas said Finnigan was embarrassed and ashamed by what he had done.
"He lives with his parents in Murtoa, who are well known in the district, they run businesses and are well respected in the community," he said.
"The offence was completely out of character, it was fuelled by alcohol, he was intoxicated on the night."
Mr Lucas described the punch as stupid and senseless.
"He had believed the victim had made approaches to his girlfriend, he wrongly believed that," he said.
"And now his life has changed and will change forever."
Mr Lucas said Finnigan had already paid $1663 to the victim's mother for medical costs.
After the defence asked for Finnigan to not receive a conviction, Sen Const Taggert said the police requested a custodial sentence be applied.
"This impacts on a big problem we have in society of young drunken assaults," he said.
Magistrate Andrew Capell warned Finnigan of what it was like to be imprisoned.
"This was an isolated act, a stupid act, but just because it's your first offence and your first time in court, it doesn't mean people don't go to jail," he said.
"You know what impact it has had but you haven't had your football taken away from you, have you."
Mr Capell said the victim impact statement indicated the victim's self esteem had also been affected.
"It's also the emotional trauma, he's concerned about going out socially now, and his VCE has been impacted by this," he said.
"It's too late to say sorry the next day if he is dead.
"You're lucky he didn't die.
"If that punch had hit somewhere else he could have died.
"You have showed sincere remorse but it's too late after the event and why? Because you thought he was chatting up your girl.
"If he was chatting up your girl, what is wrong with that? You don't own her. It's not illegal."
Mr Capell said Finnigan's youth and strong chances of rehabilitation influenced his decision not to impose a jail sentence.
"The community you are part of would have been horrified by your behaviour," he said.
"Hopefully they will keep a close eye on you and say don't drink any more."
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