Man avoids jail for stomping on officer's face in Sydney

A man who stomped on an off-duty police officer's face during an unprovoked attack in Sydney's inner west will not have to return to custody after a judge softened his sentence on appeal.

Koby Weaver, 21, was sentenced last month to two years' jail, after he ran into a brawl between two of his friends and two off-duty officers, stomping on the face of one officer and leaving him motionless in the middle of the road.

Weaver was convicted of reckless wounding in company and was granted bail last month while awaiting appeal, despite not being eligible for parole under his initial sentence until February next year.

His co-offenders, Danai Deneiderhavsein and Finley Goodwin, were allowed to serve their sentences in the community and given $2,200 fines.

Weaver's defence lawyer told the District Court of NSW on Monday, that while his client's actions were serious, he should not have been treated more harshly as he was not the initial aggressor, had made an impulsive decision and had demonstrated remorse.

District Court Chief Judge Sarah Huggett reduced Weaver's sentence to a community-based intensive corrections order, telling the court it was her view prison often worsened a young man's outcomes in life.

Weaver, who was supported in court by his mother, father and stepfather, can start his 22-month community-based sentence immediately.

Melee on busy street

The court heard the two off-duty officers were on a night out near the Enmore Theatre in Newtown and were "minding their own business" when they spotted Deneiderhavsein, Goodwin and Weaver arguing on the road.

The argument started after one of the co-offenders stole a bag of Uber Eats food from a fast food store and ran off, the court heard.

The two off-duty officers pointed towards the men arguing, which Judge Huggett said appeared to attract the young men's attention.

The co-offenders confronted the two off-duty officers and despite their attempts to walk away, they were punched and kicked several times, the court heard.

The melee spilt onto the road and one of the victims ended up on his back on the road with a grip around Goodwin's collar.

Weaver was standing beside the road watching the initial assaults, the court heard, before running in and kicking downwards forcefully onto the victim's face, "causing an audible cracking sound to be heard".

Weaver's defence lawyer told the court his client was trying to help Goodwin break free, but admitted it was a very serious intervention.

CCTV of the assault, shown in court, showed the victim's body going limp following the kick.

The court heard the three men then left the scene, leaving a passer-by to render CPR to the victim, who suffered multiple facial fractures.

In making his appeal arguments, Weaver's defence lawyer told the court his client's youth, and immaturity played a role and it was an impulsive act for which he had shown remorse.

The court heard Weaver had relapsed into drugs and alcohol at the time of the offence, after having sought treatment for addiction on-and-off since 2022.

But Judge Huggett said Weaver had remained in full-time employment since before the offence and had abstained from alcohol in that time.

She said he had served 79 days in total behind bars and felt that more jail time would mean he could not continue his employment.

The judge also declined to impose any community service work for the same reason, but his intensive corrections order requires him to report to police and abstain from drugs and alcohol.

Judge Huggett also acknowledged Weaver's victim was punched in the face by his co-offenders, and it was not possible to know exactly what injuries were inflicted by which offender.