A New Zealand man beat a disability pensioner in a car park so severely she was blacked out. She said she was left with a fractured skull, broken jaw and ruptured ear drum. His excuse was almost unbelievable.
A web developer brutally beat a disabled woman until she blacked out after an argument about smoking in a basement car park.
Rewi Michael Borell attacked Emma Martin, 36, in the car park of her Gold Coast home on November 12.
Martin claims to have suffered a fractured skull, broken jaw and ruptured eardrum.
She says she now suffers nightmares and described herself as a "hermit, living in a constant state of fear".
Borell, 44, will get out of prison in just four months' time.
Borell pleaded guilty in the Southport Magistrates Court yesterday to assault occasioning bodily harm relating to attack on November 12 last year.
"I don't think four months is enough," Martin said outside court.
She called for the New Zealander to be deported once he is released.
Magistrate Pam Dowse asked to twice watch horrifying mobile phone footage of the attack taken by Martin's friend.
The footage shows Borell, 44, confronting Martin in the basement car park, yelling at her.
"What's your [expletive] deal?" she asked.
It was then Borell, struck, punching her in the face.
Martin moved quickly backwards to get away from him but he kept coming towards her.
During a break in the attack Borell can be heard saying "you are not allowed to smoke down here".
Martin is then seen cowering on the ground while Borell kicked at her head.
Magistrate Dowse said it was a "disproportionate" reaction to someone smoking in the basement.
"It can only be described as disgraceful, cowardly, shocking and horrible to see," she said.
She sentenced him to four months actual custody and ordered him to spend two years on probation once he was released.
He must also pay Martin $1500.
Police prosecutor Sergeant Bob Soper said the attack lasted until Martin blacked out.
He said in her victim impact statement Martin suffered from nightmares and had trouble sleeping.
"She describes herself as a hermit, living in a constant state of fear," Soper said.
It is not the first time Borell has attacked someone.
The court was told he was convicted of a road rage incident in 2010 and twice convicted of assault in New Zealand.
Borell's barrister Marty Longhurst, instructed by TWC Lawyers, said Borell had grown up in a violent family in New Zealand and was homeless at 13.
Longhurst said Borell managed to complete a visual arts degree before moving to Australia in 2003.
Martin said outside court she did not see a hard upbringing as an excuse.
"Everyone has had a hard upbringing," she said.
Under Australian law any non-citizen sentenced to 12 months' prison will be returned to their birth country.
But Home Affairs Minister Peter Dutton can find someone is not of "good character" and order they be deported.