Albany man spared jail over assault on woman

Michael TraillAlbany Advertiser
Kurt Marshall has been given a 12-month intensive supervision order for the assault.
Camera IconKurt Marshall has been given a 12-month intensive supervision order for the assault.

An Albany man has been spared time behind bars after an unprovoked punch that knocked out a 23-year-old woman during a pub brawl.

Last Thursday, the Albany Magistrate’s Court was told Kurt Davidson Marshall, 21, struggled to “provide victim empathy” towards the woman who was struck in the nose after he threw a “wild punch” during an unfolding brawl at the White Star Hotel on July 20.

Marshall had initially pleaded not guilty to assault occasioning bodily harm before changing his plea to guilty.

Police prosecutors told the court Marshall’s victim briefly lost consciousness and suffered cuts and swelling to her nose, also suffering breathing difficulties for “a period of time” after the assault.

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Returning to court on Friday, Marshall received a 12-month intensive supervision order requiring him to complete 80 hours of community work.

Magistrate Raelene Johnston warned Marshall he could “very easily” be imprisoned if he did not comply with the order or serve his community work hours.

Ms Johnston described the attack as thoughtless and dangerous, telling Marshall one-punch attacks could kill.

“Your one very brief action... has had significant impact on her,” she said.

“You’ve shown no empathy in relation to the victim ... you didn’t exercise any control in your actions.”

Ms Johnston said CCTV footage provided as evidence by police prosecutors showed “no suggestion” that Marshall’s victim had done anything towards him before being assaulted and that Marshall walked away “immediately” after the attack.

The court was told Marshall had inserted himself into the brawl on “instinct”, having seen his brothers involved in the fight with another party.

Marshall’s victim described the attack as a “weak and cowardly act” shortly after the attack.

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