Luke Merriman's courageous victim impact statement reveals the ripple effect of "coward act"

The occasion that led up to the senseless violence early on the morning of September 25 had actually been a celebration of love - Mr Merriman had the honour of being the DJ for his cousin's engagement party in Albury. His attacker - 35-year-old Brendan Fitzpatrick - had been a guest at the same party.

On Tuesday, details of the attack were aired in a Wodonga court room, as was Mr Merriman's powerful impact statement about the assault detailing the lasting physical, mental and financial impacts.

He gave what magistrate Peter Dunn termed a "compelling" account of the effects not only on his own life, but on the lives of his family, friends and colleagues, as his attacker entered a plea of guilty to the assault.

The court heard that after the engagement party, the celebrations had continued at another venue in Albury, and about 1am the next morning, a group of people including Mr Merriman and Fitzpatrick boarded a maxi taxi to ferry them back to Wodonga.

It was about 1.30am when the taxi dropped the occupants at a property in Wodonga, and as a discussion took place about paying the fare, Mr Merriman offered to chip in.

As that happened, the court was told, Fitzpatrick commented to Mr Merriman, "I've had enough of you". As Mr Merriman turned and walked away, he was hit by a blow that rendered him unconscious, and sent him crashing backwards onto a concrete driveway.

Mr Merriman's head hit that cement, and he was left bleeding and unconscious. He suffered a seizure, and was unconscious for five minutes.

As he lay on the driveway, the court was told, others tried to help while Fitzpatrick continued to act in an aggressive manner, wanting to "fight" him. Police and paramedics were called, and Fitzpatrick was arrested.

Mr Merriman, 38, suffered two deep lacerations to his head which required 12 stitches, and a less significant laceration to his elbow.

When Fitzpatrick was interviewed by police, he said he was "pretty intoxicated" and in regards to Mr Merriman, "Well, I hope he's OK". Asked if he remembered what happened he said, "nah mate". But he admitted to police he had assaulted Mr Merriman and said "I know what I did, I f--king hit him and whatever".

On Tuesday Mr Merriman delivered his impact statement to the court, detailing his journey since the unprovoked attack, and the lasting effects on his life, and his family and friends.

"Initially after I was assaulted there was frustration and fear," he said. "Frustration because I had no idea why I'd been coward punched, and fear I was experiencing was not knowing if I was going to be targeted in yet another attack, and not knowing if there were going to be any long-term complications after being attacked."

Mr Merriman detailed how that frustration and fear inevitably and eventually turned to anger in the days after the attack.

"I was angry that someone I had never met (before that night) and had no altercation with took it upon himself to inflict such pain on me," he said.

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Physically, Mr Merriman said he had damage to a nerve in his spine, his jaw was out of alignment, he suffers from excruciating headaches and struggles to get out of bed at times. Weeks after the attack his wife found him on the floor, in the shower, unable to stand or even move. He was suffering vertigo which subsequent medical opinion confirmed was a result of the trauma to his head, he said.

He said his short-term memory had suffered: "I used to pride myself on retaining information and now I find myself forgetting even the simplest of things". Further to the physical impact, Mr Merriman said the attack had had an "enormous" impact on his mental health.

"I was angry, agitated and emotionally drowned which to this day has only improved very little," he said.

Mr Merriman told magistrate Peter Dunn he did not believe the assault was a spur of the moment decision by his attacker, describing to the court how - when he passed by Fitzpatrick earlier in the night - Fitzpatrick had said, "there's the sh*t DJ".

"I'd like it to be known that this was an unprovoked, premeditated and calculated attack simply because Brendan didn't like the music I was playing at my cousin's engagement party," he said.

Mr Merriman said the financial impact on his family had also been significant, with DJ gigs lost, medication and medical appointments - including a day trip to Melbourne to see a neuropsychologist - costing in excess of $7000.

In closing, Mr Merriman directed his final comments to his attacker.

"Brendan, I will never know why you did what you did. But there's one thing I do know. My life will never be the same," he told Fitzpatrick. "I don't feel like me anymore. I have trouble getting out of bed in the morning. I've lost confidence in myself and my abilities ... and the sound of my son's voice saying 'I wish this didn't happen to you Daddy' will forever haunt me."

He also told the court that he would take his recovery "day by day", but in saying that, "I will not let Brendan ruin my life any more than he already has".

Mr Merriman pointed out he was not the only victim of the attack, that others on the night were also unwilling victims of the violence.

"It's the ripple effect of this cowardly act that has affected so many," he told magistrate Dunn.

Fitzpatrick's defence told the court he took "absolute" responsibility and "offers no excuse for his behaviour".

"He fully appreciates the consequences of his actions could have been catastrophic," his defence solicitor told the court.

At the time of the offence, Fitzpatrick had been a binge drinker, and would consume approximately eight drinks three times a week, and then drink on weekends to the point where he would lose count of how much he had consumed.

The court heard the assault was "a lightbulb moment" for the 35-year-old father of one, such that he no longer consumes alcohol. He was diagnosed with delusional paranoia due to his substance use in 2020, and was prescribed medication. He accepts, the court was told, he should have abided by the medical advice not to combine that with alcohol.

Three character references were tendered.

In convicting Fitzpatrick, a diesel mechanic, and sentencing him to an 18-month community corrections order, Mr Dunn denounced the senseless violence and noted the far-reaching affects of the crime.

He told Fitzpatrick it was "only a matter of good luck" that he would not be spending the next 20 years in prison.

"You have had the benefit of hearing from one of the victims of your violence," he told Fitzpatrick.

"And I would have to say in a fairly compelling way he's described the ongoing effect that your actions, alcohol-fuelled (actions) have had on him and his family and his friends. On his physical health and his financial wellbeing."

Mr Dunn said Fitzpatrick obviously knew that he had issues with alcohol.

"Some people just shouldn't drink. You allowed it to get the better of you," he told him.

"This could so easily have ended in a catastrophic result not only for the victim and their family and friends ... but for your family and your friends and yourself."

Mr Dunn told Fitzpatrick that he came before the court facing the very real possibility of jail, and that must have weighed heavily on him and his family.

"And that was a very realistic prospect. And there would be people in the community who would say, well he should be in the cells. But this isn't the court of public opinion," he said.

"I sentence you today for what you have done, and having regard to your history and your future and your prospects of rehabilitation."

Mr Dunn also echoed Mr Merriman's victim impact statement in acknowledging the many victims.

"Not only is Mr Merriman a victim of this violence but so are his children and all the members of his family," he noted.

Fitzpatrick was convicted and sentenced to a community corrections order for 18 months, with 100 hours of community work.

Mr Dunn imposed a special condition that he must abstain from alcohol, telling him: "But for the plea of guilty today, I would have sentenced you to prison."

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