A 20-year-old tradie who bashed an elderly man at a set of traffic lights during a vicious road rage assault has been sentenced to home arrest and won’t go to jail.
Chances Moana, 20, was sentenced to 18-months’ home detention on Wednesday, despite punching the retiree close to 20 times, The Daily Telegraph reported.
Andrew Nerlich, 63, suffered severe facial injuries after he was viciously bashed by Moana during the road rage attack, which was captured on another car’s dashcam.
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During the hearing, police urged Magistrate Christopher Longley to send Moana to jail for the ‘vicious’ assault to deter others from committing road rage assaults.
But when Magistrate Longley handed down the 18-month custodial sentence he said the 20-year-old was entitled to home arrest given his guilty plea and prior record.
During the incident, which occurred on May 11, 2018, the men had been involved in a minor collision before the 20-year-old got out of his car and attacked the retiree.
The shocking footage, which was reviewed by the court as official evidence, clearly shows Moana unleash a slew of physical blows on the man in his Hyundai i30.
In the video, the 20-year-old is seen getting out of his car at the intersection of Forest Way and Adams Street in Frenches Forest, before repeatedly hitting the man.
Moana’s first punch was so intense that Mr Nerlich ‘blacked out’ and his foot slipped off the brake pedal, causing his car to roll forward into the 20-year-old’s ute.
The 20-year-old then opened Mr Nerlich’s car door before allegedly punching the man in the head up to 20 times, which caused his ear to bleed.
Moana then fled the scene, leaving the wounded retiree with injuries to his lip, nose and ear, but he later turned himself in to Wyong police the day after the attack.
It was only days after the vicious attack that Moana was involved in a motorcycle accident that left him with a punctured lung and ruptured spleen.
The 20-year-old then briefly reunited with the retiree for a segment on road rage on Channel Seven’s Sunday Night, where Mr Nerlich said he had forgiven Moana.
During the sentencing, police prosecutor John Sharpin urged the court to send Moana to jail for the assault, which was ‘cold blooded and viscous’.
‘This attack amounted to a significant risk to public safety,’ Mr Sharpin said.
However, Moana’s solicitor, Brad Kernick, told the court that the 20-year-old was genuinely remorseful for his actions and had apologised to Mr Nerlich in person.
Mr Kernick said Moana was also undergoing an anger management course.
During his home arrest, Moana will wear an electronic monitoring device and won’t be allowed to leave the house except for approved activities, such as work or school.