Mark Allan Tierney has been jailed for bashing a man in Maroochydore.
Mark Allan Tierney has been jailed for bashing a man in Maroochydore.

Drivers watch as dad stomps ‘creepy’ man

Cars slowed to a stop on a busy road as a single dad stomped on the head of a man he thought was being creepy.

Drivers watched as the victim flew into the air off the foot of Mark Allan Tierney who been drinking in Ocean St on March 14.

Tierney, 32, was on Thursday jailed after appearing in Maroochydore Magistrates Court charged with assault.

Two women who Tierney had been partying with told him that a man had been creepy towards them at a toilet block near Maroochydore Bus Station on March 14.

They pointed the man out to Tierney, who with another man immediately chased him down.

Police prosecutor Lee Allan said the victim tripped in the middle of Horton Pde before Tierney kicked him in the head.

"The defendant kicked the victim while he was on his hands and knees with such force that it caused him to lift from the ground," Senior Constable Allan said.

Security guards ran attempted to pull Tierney and his co-accused off the victim to no avail.

"Tierney drags the victim by the feet and stomps the victim's head," Sen Constable Allan said.

CCTV played to the court showed cars stopping in the middle of the road while the victim lay motionless ahead of them.

The court heard Tierney waited at the scene for police to arrive.

His victim suffered abrasions, bruising and headaches after the assault which he had no memory of.

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Sen Constable Allan argued Tierney should be sentenced to 18 months in jail to serve a six months.

Tierney pleaded guilty to assault occasioning bodily harm while in company.

"The CCTV footage identifies the viciousness of the assault," Sen Constable Allan said.

Tierney had some criminal history but no relevant prior offences.

The court heard he attended three psychology sessions to address anger issues.

Defence lawyer Chelsea Emery said Tierney had been told the assault victim had grabbed one of the women in the toilet.

"At the very least, the complainant had been creepy," Ms Emery said.

"My client felt protective of one of the females because she had prosthetic legs.

"Your honour would have read that my client lost his eye in a car accident in 2014 so he has always felt particularly protective of her and perhaps that explains his conduct in some way."

Magistrate Chris Callaghan didn't agree that Tierney was simply being protective.

"He chased this bloke," Mr Callaghan said.

"How is that being protective?"

Ms Emery said her client immediately reacted and his behaviour was out of character.

She said Tierney was a single dad with full time care of a six-year-old boy.

Mr Callaghan said a sentence had to account for deterrence of similar offending and Tierney should spend time in jail.

"The assault was violent, the CCTV footage shows it to be so as do the agreed facts," he said.

Tierney was sentenced to 14 months in jail to serve four months.

He will be released on parole on February 21.

He was also ordered to pay $2000 in compensation to the victim.

The court heard Tierney's co-offender, who was on parole at the time of the assault, was less culpable but had more criminal history.

He had previously been sentenced to 14 months in jail.