A man who broke his victim's jaw in a one-punch attack at Canberra's Spilt Milk festival has avoided a full-time jail sentence.
Jese Smith-Shields, 22, was found guilty of causing actual bodily harm after he and his friend Bailey Loughhead got into a fight with another man at the event in 2018.
The court heard there was already tension when the pair ran into the victim, due to rumours he had slept with Smith-Shields' former girlfriend.
Smith-Shields was today sentenced in the ACT Supreme Court, where he received a seven-month suspended sentence and a 15-month good behaviour bond for the attack.
"It was lucky the victim did not sustain a serious or fatal injury or brain damage," Justice John Burns said in sentencing.
"I am, however, satisfied you quickly regretted what you had done and did not intend to inflict serious injury to the victim.
"I need to make it clear that violence won't be tolerated, and in the light of a serious injury sustained by the victim, a custodial sentence is warranted."
Smith-Shields was supported in court by family and stood quietly as he was sentenced.
Attack was not premeditated: Judge
The incident took place at Spilt Milk in 2018, when Smith-Shields confronted the victim about rumours he had slept with Smith-Shields' ex-girlfriend and said: "Do you have something to say c***?".
Prosecutors said an angry confrontation followed, during which the victim was pushed to the ground and put in a headlock by Mr Loughhead, and then punched by Smith-Shields.
One witness told the court he saw the victim bounce back with his hands up, looking dazed after the punch.
Smith-Shields was found guilty of causing actual bodily harm in the ACT Supreme Court last month.
Loughhead stood trial alongside Smith-Shields but was found not guilty of all charges.
In handing down his sentence today, Justice Burns acknowledged that although the attack was serious, it was not premediated.
"I am not satisfied that you came at the victim from behind, or from the side," he said.
"But I am satisfied you were acting aggressively and up to that point the victim had not assaulted you."
During Smith-Shields' trial, the court heard he left the scene after the attack and did not help the injured victim.
But Justice Burns said he believed Smith-Shields was not aware of how bad the injury was.
"I have received character references and they speak to the current matter being out of character and how you aren't an aggressive person," he said.
"I accept that these events have weighed heavily on you, although you aren't to be identified as the victim.
"But given the seriousness of the victim's injuries, a failure to impose a prison sentence would be unduly lenient."
Smith-Shields' suspended sentence will expire in June next year.
