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ABC News
ABC News
National
Elizabeth Byrne

No jail time for one-punch attacker who left victim in hospital

Still from CCTV video showing one-punch attack in Canberra, over which Paul McNeill was convicted.

A Canberra man has avoided jail after admitting to a coward punch which left a man in need of immediate surgery.

Justice Michael Elkaim said Paul McNeill, 27, became involved in a fight, after he received a call from a friend during a drunken night out in Civic in October 2016.

McNeill hit the man, breaking his jaw, and knocking him out, the court heard.

Someone else caught the victim's head before he hit the pavement, as McNeill and his friends fled the scene.

Police called for public help, releasing CCTV footage of the men involved in a bid to find them.

McNeill and his co-accused eventually handed themselves in.

Today Justice Elkaim noted the men's early pleas of guilty to assault and inflicting grievous bodily harm, but he also raised concerns about the circumstances.

"Rendering assistance to a friend is ostensibly a noble act, but only when done without causing a disproportionate amount of harm and certainly not by taking the law into one's own hands," he said.

Justice Elkaim said the offence had occurred after 1:00am, when McNeill had been affected by alcohol and drugs.

"The events took place in Bible Lane, where the offender did his best to ignore the fundamental precepts of The Bible," he said.

"The injury could have been significantly more serious if a friend of the victim had not prevented his head from hitting the ground."

Justice Elkaim noted McNeill suffered a major depressive disorder, and other conditions including ADHD which is associated with impulsivity.

He sentenced McNeill to more than a year in jail, but the time will be served in the Community under an intensive corrections order"

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