Busselton coward’s punch accused, Caley Herbert, avoids jail time

A Busselton man responsible for a coward’s punch which left a man with bleeding to the brain has avoided immediate prison time. Busselton District Court suspended Caley Edward Herbert’s two-year prison sentence for two years this week after he pleaded guilty to assault occasioning bodily harm. The 22-year-old was charged after he drunkenly punched another man after a night out at the Ship Inn, leaving him with life-threatening injuries. The man, who was flown to Perth for immediate brain surgery, had almost half a litre of blood removed from his brain, needed 26 staples to his head and suffered a broken jaw. It was revealed in court the former FIFO worker initially denied the charges until enhanced CCTV footage was acquired which showed him punching the victim while his head was turned, giving him no warning before his head slammed on the road. Defence lawyer Michael Laurino described the incident “as drunken young people behaving badly and developing into a pub-like brawl” and told the court Herbert was unable to explain why he behaved so violently. Since the incident, however, Herbert is said to have addressed why the incident happened through counselling and reducing his alcohol intake. Judge Natalie Whitby condemned the man’s alcohol-fuelled actions, but she said his genuine remorse and rehabilitation steps allowed her to suspend his prison sentence. “At your age you’re morally culpable for the predictable consequences of the consumption of alcohol,” she said. “Your act was a grossly disproportionate act of alcohol-fuelled violence. “Violence in public places is a matter of genuine concern in the community. More specifically in recent years there has been an increasing concern about one-punch violence, sometimes referred to as a coward’s punch. “The frequency of which conduct of this nature is occurring in the community and the level of community concern means general deterrence is a manner of importance .. to deter others who may be tempted in a moment of alcohol-fuelled anger committing senseless violence. “There needs to be public condemnation of your actions.”