Would-be vigilante escapes jail time after car park attack that left man without teeth

Darren James Danslow, 46, of Black Springs, appeared in Bathurst Local Court on Thursday, April 4, wiping away tears as magistrate Elizabeth Ellis convicted him of reckless grievous bodily harm and sentenced him to a two-year intensive correction order for the unprovoked attack.

His solicitor, Shane Cunningham, told the court his client accepted the Section 5 threshold had been crossed (meaning no penalty other than imprisonment is appropriate).

Crown prosecutor Mr Amira, for the Director of Public Prosecutions, agreed.

Magistrate Ellis said at the outset the grievous bodily harm sustained by the victim was at the higher end of seriousness.

"It was one punch, but an extremely effective punch," she said.

Later, during the sentencing, it was heard the victim lost his teeth as a result of the attack and has had to modify his diet as there are many foods he can no longer eat.

In terms of the objective circumstances, Mr Cunningham said that, a few days beforehand, Danslow, a father of six including three girls, was told a white van had been reported following a 16-year-old girl home from school.

"At the school assembly, the children had been warned about the incident and they reported this to their parents that evening," he said.

The following day, Mr Cunningham told the court Danslow had been at a friend's house having a meal and drinking and was returning to his home address when he saw a white van, with the victim in the matter seated inside, parked in the rear car park of the Oberon RSL.

Mr Cunningham said his client automatically thought it was the white van complained of in the incident days earlier.

He said his client approached the van and its occupant to ask why it was in that location, adding the police documents tendered to the court outlaid what followed.

Mr Cunningham said his client punched the victim once.

"It was a single strike only, notwithstanding that the result was substantial harm to the victim," he said.

Mr Cunningham said his client reported it to his employer, Corrective Services, immediately following the incident.

The court heard that at the time of the offence, Danslow was also experiencing "life stressors" and went off on leave.

After being interviewed by police in relation to the incident, he resigned from his job.

The court heard Danslow had experienced health troubles in the period before the offence.

As well, in 2021, his posting at Oberon Correctional Centre came to an end after the facility closed and he, along with other staff, were transferred to Bathurst Correctional Centre.

Mr Cunningham said this new work situation for his client "added to the stress he was already experiencing".

The court also heard Danslow was medicated for a number of conditions, including PTSD.

Of note, Mr Cunningham said that, between December 2022 and March 2023, his client's regular medication was changed, and the new medication was not operating at the therapeutic level at the time of the offence.

Mr Cunningham said his client's early plea of guilt at the first opportunity available to him was an indication of his remorse and entitled him to the maximum discount of 25 per cent.

He also submitted that discount can take the form of the penalty imposed by the court, and submitted the court consider an intensive correction order (ICO) instead of a full-time custodial sentence.

Mr Cunningham said the community's safety could be guaranteed through supervision and court-imposed conditions that he continue seeing his psychiatrist and other professionals on a monthly basis, abstain from alcohol and accept a referral for drug and/or alcohol counselling.

In sentencing, Her Honour accepted the accused entered his plea at the earliest opportunity.

She read through the amended court documents which outlined how, on February 9 last year, Danslow saw a Toyota HiAce in the Oberon RSL car park.

She said it was difficult to understand the nexus of the Oberon RSL car park and the safety of children, but nonetheless, that was on his mind at the time.

The court heard the victim was working when the accused approached the car and demanded to know what he was doing there.

The police documents outlined the victim initially said he was waiting for a friend, after which Danslow accused the victim of being there for another purpose.

The victim then said he worked with the speed camera car and referred to signs he had put out.

When Danslow became more aggressive, calling the victim a "f--king dog" and demanding he open the car door, the victim said: 'Mate, you're being recorded on video, walk away."

Despite being repeatedly warned he was on video and urged to walk away, Danslow forced the window of the car down, rendering it inoperative, and punched the victim square in the mouth.

Police documents said Danslow said he used the palm of his hand, but Magistrate Ellis said that, "like the Crown, I do not accept that".

The court saw pictures of the extensive injuries to the victim's mouth, along with CCTV footage of the incident, and was told the victim had to have his remaining damaged teeth removed and a full upper denture made.

The court heard the victim is now in constant pain and discomfort and the attack has affected his ability to eat certain foods.

A victim's impact statement told how the victim used to be a highly social person, but now stays at home alone with the door locked.

His sleeping has been impacted and he is on constant guard, in fear of being attacked.

Saying the Section 5 threshold had been crossed, Ms Ellis set a term of imprisonment of two years, which she said could be served as an ICO.

She ordered Danslow accept the supervision of Bathurst Corrections, undertake 350 hours of community service and abstain from drugs and alcohol.

"Do not mistake an ICO as anything other than the most serious form of sentence," Magistrate Ellis told Danslow.

"Your actions have seriously affected another man's life.

"He is effectively a shadow of what he formally was."