A MAN who was part of a “savage” nightclub toilet gang-bashing that left an innocent man with a fractured jaw has narrowly avoided full-time jail.
Joshua Allan Morgan, 27, of Windale, was formally sentenced to two-years imprisonment in Newcastle District Court on Thursday for his role in the 2013 bashing at Finnegans.
But Morgan escaped jail after he was found to be eligible for an intensive corrections order, which means he can serve the term at his parents house under strict supervision.
Judge Roy Ellis also warned Morgan that if he breached the order, he could expect to be thrown in jail.
Morgan was convicted of recklessly causing grievous bodily harm after he was one of four men who attacked an innocent man in the toilets of the popular Newcastle nightspot in December, 2013.
Two of the other men, Matthew Allan Cross and Same Paton Peterson, have already been sentenced to full-time jail sentences for their parts in the attack.
They had been described as the worst offenders of the group, some of whom had links to a street gang called 14 Street Crew, which brutally attacked the 18-year-old man at Finnegan’s Hotel in December, 2013, in what was a case of mistaken identity.
A fourth man, Joel Worlin, was placed on a good behaviour bond after he pleaded guilty to a lesser charge.
Cross had initiated the assault by grabbing the victim as he attempted to walk out of the toilet and telling him “Mate, you’re not going anywhere”, before throwing the first punch and continuing to punch the man when he was on the ground.
Petersen had been the one to erroneously identify the innocent 18-year-old as someone who had started dating the former girlfriend of one of their friends.
Petersen and Morgan joined in the bashing and started to punch and stomp the victim while he was on the ground.
The victim suffered a broken jaw and nose.
Cross was sentenced to two years and 10 months in jail, with a non-parole period of 18 months, while Peterson received two years and five months in jail with a 15-month minimum.