A 34-year-old man is in jail after he knocked a woman unconscious in a park. Photo: Sang Hyun Cho, Pixabay.
An all-in brawl at a playground was sparked by an argument over “a particularly annoying child”, Judge Andrew Haesler has found.
Judge Haesler sentenced 34-year-old Ian Neil Palamara after a jury found him guilty of affray and recklessly causing grievous bodily harm over his role in the altercation.
Palamara, who Judge Haesler described as “a strong, fit man”, maintains his initial not guilty plea.
The jury heard that in September 2023, two family groups had gathered independently in a park and children’s playground in southern Wollongong.
“Their children interacted at the playground,” Judge Haesler said in his judgment.
“One child was particularly annoying.”
The offender’s sister, who was heavily pregnant, spoke to the child, and the child’s father, a large man, had words with her.
He called to his wife, a slight woman who was sitting nearby, and she ran over to join the argument.
The court facts stated Palamara then ran over towards the child’s mother and struck her with his fist to her face, knocking her unconscious.
After the blow, the victim’s husband and Palamara wrestled.
Other men from both groups intervened, and what was described as a ”melee” took place in front of a number of children for some minutes before Palamara and his family left the park.
His victim was taken by ambulance to Wollongong Hospital, where she was treated for pain, swelling, a laceration and bruising to her left eye and cheek before she was transferred to the Sydney Eye Hospital.
Her left eye was found to have a ruptured globe, requiring surgical management that repaired it with sutures.
The injury will require ongoing surgery and care, and is likely to have a long-term impact on her vision, the court heard.
The offence of recklessly causing grievous bodily harm carries a maximum penalty of 10 years’ imprisonment with a standard non-parole period of four years; affray has a maximum penalty of 10 years’ imprisonment.
Judge Haesler said he found the matter fell within the middle of the range of objective seriousness.
“It is clear that Palamara saw his pregnant sister engaged in a verbal confrontation with a large man,” Judge Haesler said.
“He must have also seen the female victim rushing towards them.
“He then covered the distance between them very quickly. The first his victim knew of his presence was when she saw a fist coming towards her.”
Palamara was a truck driver at the time and admitted he was under the influence of drugs and alcohol when the altercation took place.
A psychologist found Palamara had a serious alcohol and substance abuse disorder, and likely has ADHD along with other, unidentified conditions.
The court was told his childhood was blighted by domestic violence and alcohol abuse.
Palamara has a history of violent crime dating back to 2010, and was on an intensive corrections order for another violent offence.
He has always maintained employment and is the father of three children with his partner.
“Palamara may have been spurred to action by a protective instinct, but what he did was not in defence of his sister, it exacerbated a verbal confrontation,” Judge Haesler said.
“It was unnecessary violence … spontaneous but entirely unjustified both in its nature and its ferocity.”
Judge Haesler said it was Palamara’s violence that instigated the ensuing public melee.
His victim tendered an impact statement to the court.
A mother of four children, she said the ongoing psychological trauma, physical pain and economic impact continued to affect her life.
“The physical pain you caused me that day, still two years later at times is unbearable,” she wrote.
“It’s unlike anything else I have ever experienced and even now, writing this to find the words to describe my suffering seems impossible.
“Although I have just had another major eye surgery to aesthetically make my eye look normal due to the severe trauma caused by you, it means that I will forever need monthly visits to the Sydney Eye Hospital.
“You were a stranger to me, yet unfortunately, I will forever know your name.
“You have taken the quality of my life, my family’s and my children’s lives, forever and I hope you are held accountable.
“My kids witnessed it. It will never be the same.”
Judge Haesler sentenced Palarama to an aggregated five years and two months’ imprisonment, with a non-parole period of three years.
The sentence was backdated to reflect time already served by Palarama, and will expire on 1 July, 2030.
He will be eligible for parole from 1 May, 2028.
Fascinating and very interesting. An older cousin of mine, Warren Fisher, who unfortunately died in… View