A Darwin security guard will remain behind bars for at least two months for striking a US marine, who "would likely have died" from his injuries without surgery.
Hayden Summers, 34, appeared in custody at the Northern Territory Supreme Court on Tuesday, where he was handed a partially suspended prison sentence of three years and six months for unlawfully causing serious harm to marine, Glen Thomason.
The incident occurred in the early hours of April 11 last year, after Mr Thomason was ejected from Monsoons nightclub in Darwin's bar district.
Justice Jenny Blokland told the court Mr Thomason had been arguing with security guards over his removal from the nightclub, "saying that he was a marine and words to the effect that he was capable of killing".
The court heard Mr Thomason made a "frustrated downward movement with his right hand", before Summers struck him with an open hand to the side of the face, causing the marine to fall backwards onto the road, where he remained unconscious.
The court heard Mr Thomason suffered bleeding just outside the brain tissue, and spent 19 days at Royal Darwin Hospital, where doctors removed the left part of his skull.
Justice Blokland told the court Mr Thomason had no memory of the incident, and suffered regular headaches, nightmares and sleepless nights as a result of his "traumatic brain injury".
"It is shameful for our community generally, that as a visitor to Australia, he now does not like Australia," Justice Blokland said.
She said Summers was 55 kilograms heavier than Mr Thomason at the time of the offending, and "could have easily overpowered him".
"Various public campaigns have advised that one punches can kill," Justice Blokland said.
"Fortunately on this occasion, death was avoided through timely high-quality medical intervention, but the injury was still very serious."
In sentencing Summers, Justice Blokland said she acknowledged he had tried to de-escalate the situation first, and that he had rendered assistance by putting Mr Thomason in the safety position before paramedics arrived.
"You appear genuinely shocked and sorry about the level of injury," she said.
"Although the slap was intentional, the type of injury was not."
She said he had no prior convictions, nor any record of assaults or charges related to the improper use of force during his 15 years as a security guard.
Justice Jenny Blokland ordered Summers to remain behind bars until mid-December — equating to a total of three months in prison — before entering home detention for nine months subject to strict conditions.
She said his remaining prison sentence of three years and three months was suspended on the condition that he complied with the rules of home detention, under which he must wear a monitoring device and be regularly tested for traces of drugs and alcohol.
