AFTER leaving another man bleeding in a gutter in a brutal, unprovoked 2012 attack, a man has wept and begged a judge to not send him to prison.
An Ipswich jury found Tristan Leo Robert Atkinson, 22, guilty on Friday of assaulting Clinton Joseph James Scott in December 2012.
On December 6, 2012 Scott was walking home with his girlfriend after a late night trip to McDonald's Booval.
After leaving they were approached by a group of four men, including Atkinson. After initially walking away, the group chased them down.
Atkinson punched Scott in the head causing him to fall to the ground and crack his head on the gutter.
Scott's injuries included a fractured skull and internal bleeding inside his head.
Scott's girlfriend Melissa Mann, who witnessed the attack, told the court the group kicked and stomped on Scott.
The jury was tendered a photo of Scott's injuries which included what looked like a boot mark on his face.
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Atkinson, who pleaded not guilty, admitted to punching and knocking Scott down, but said he had retaliated after Scott hit him first and denied kicking or stomping on him. In a recorded police interview Atkinson told police he "freaked out" and fled the scene when he saw Scott lying in the gutter bleeding, telling them he thought he'd killed him.
Crown prosecutor Matthew Le Grand told the jury that would not constitute a defence as, if true, Atkinson had retaliated in a disproportionate manner. After deliberating for around four hours and being reread Ms Mann's testimony, the jury returned its guilty verdict.
Judge Sarah Bradley ordered the sentence be adjourned until August 28 for a pre-sentence report to be completed. Atkinson applied for release on bail until the sentence date.
Atkinson sat in the dock in tears, begging Judge Bradley to grant him bail.
However, she said with Atkinson facing a period of imprisonment his bail was refused and he was remanded in custody.
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