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The Canberra Times
The Canberra Times
Hannah Neale

Motivation 'obscure' for attack that left victim with broken jaw, six teeth removed

The motivation for an attack on a man which left him with a broken jaw requiring surgery is "obscure," a judge has said.

Joshua Paul Theobald, 34, was sentenced in the ACT Supreme Court on Thursday, September 17.

Before reading out his sentencing remarks, Justice David Mossop told Theobald he would not be sentenced to time behind bars.

Justice Mossop handed the man a 16-month intensive correction order with 50 hours of community service.

He had previously pleaded guilty to joint commission causing grievous bodily harm.

His co-offender was handed a suspended prison sentence for his part in the crimes in 2020.

The actual crime dated back to 2019, when the two men pulled the victim, who was known to the co-offender, out of a vehicle and kicked his face and head.

The victim could hear a male voice saying: "You're f---ed, you're f---ing dead c---."

He then ran away but was grabbed by one of the men and thrown to the ground, where he was repeatedly kicked in the face and head.

The victim attended hospital the next day where it was discovered he had suffered a broken jaw. This required surgery and the insertion of metal plates and screws.

Six of the victim's teeth were also removed, although five were due to their core condition.

On Thursday, Justice Mossop said the man was still on a pureed diet six weeks after the attack, but subsequently died from unrelated causes.

In his sentencing remarks, the judge stated the motivation for the attack was "obscure".

The ACT Supreme Court, where Joshua Theobald was sentenced. Picture by Sitthixay Ditthavong

A report found Theobald, who has an intellectual disability and a "submissive personality style", would be at high risk of exploitation in a custodial environment.

"The offender has moved out of a social network involving the use of alcohol and illicit drugs. He has a stable, if quiet, life ... [and] low prospect of further offending," Justice Mossop said.

"[He is] well down the road to a law-abiding life."

The judge said the 34-year-old had periods of homelessness in the past but was now living with family members. He no longer took illicit drugs or consumed alcohol.

Theobald's sentence will be complete in January 2028.

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