An impulsive young man who forcefully stomped on an off-duty police officer's head, creating an audible cracking sound, will avoid jail.
Koby Weaver, 22, had been involved in a drunken night-time altercation with two off-duty officers on a busy road in Newtown, in Sydney's inner west, after 11pm one night in January 2025.
After his two friends Danai Deneiderhavsein, 19, and Finley Goodwin, 23, separately punched and kicked officers Jack Steen and Lachlan Gray, Weaver stomped on Mr Steen's face, leaving him unconscious.
"The Crown would categorise the offence as forceful, as brutal and one which had potentially catastrophic consequences," said prosecutor Alexandra Bova during a NSW District Court appeal hearing on Monday.
Weaver acted without prompting, without necessity and without excuse, she argued.
While he was given a two-year prison sentence with a non-parole period of 12 months in April, it was overturned on Monday with Judge Sarah Huggett instead imposing a 22-month intensive corrections order.
This will be served in the community so the Northern Beaches man could continue his path to reform including drug and alcohol rehabilitation and full-time employment, the judge said.
In a letter to the court, Weaver took responsibility for his actions, the judge said.
"I'm not here to make excuses or shift blame. I know my behaviour has consequences and I accept that," he wrote.
Weaver was influenced by his peers to act and his immaturity meant he had poor impulse control and self-regulation, Judge Huggett said.
Mr Steen and Mr Gray both watched by video-link as the judge gave her remarks.
In mobile phone footage of the incident played to the court, a crack can be heard as the officer's head is slammed into the road and he is knocked unconscious.
Weaver sat surrounded by family members in court watching his actions replayed on the screen.
The 22-year-old fled the scene, leaving an unconscious Mr Steen in the roadway with serious injuries.
The officer was treated by an off-duty nurse and a member of the public before being rushed to hospital with a bleed on the brain, multiple facial fractures and swelling.
Mr Gray sustained two black eyes, lacerations and swelling.
Earlier on Monday, Weaver's barrister Slade Howell said his client had stood back initially during the altercation, only trying to stop the fight by stomping on Mr Steen who was grabbing Goodwin's shirt.
The court heard the 22-year-old thought his friend was in a chokehold at the time he intervened.
Judge Huggett called Weaver's conduct very serious.
"The conduct of the appellant was constituted by a single act only, albeit a violent, forceful and brutal act," she said.
While the 22-year-old had no criminal history, he had relapsed into drug and alcohol use in January 2025 around the time of the attack.
Under the intensive corrections order, he is required to abstain from alcohol and drugs and to follow treatment programs imposed by community corrections officers.
A breach of these conditions could mean he is placed behind bars.
Weaver left court surrounded by family members and did not speak to waiting journalists.
In April, Deneiderhavsein was fined $2640 and sentenced to an 18-month community corrections order and a 12-month jail term in the community over four charges, including reckless grievous bodily harm in company.
Goodwin received the same sentence for two charges of assault occasioning actual bodily harm in company and was fined $2200.
