'Sheer luck' saved victim from death during assault by AFL star

The 27-year-old victim, who was punched repeatedly and thrown during the alleged assault, could have been killed, prosecutor Jason Tozer told the Corowa Local Court.

“Your Honour can see he becomes fully airborne and travels a metre or a metre-and-a-half,” Tozer said.

“It is only sheer luck that his head did not make contact with that concrete.”

Balta has pleaded guilty to a single count of assault occasioning actual bodily harm, which in NSW attracts a maximum penalty of five years in jail.

Balta’s defence admitted the incident was serious but argued the assault was at the higher end of a mid-level offence.

The prosecution argued the attack met the threshold of a high-level offence.

Character references for the AFL star described Balta as “a kind, caring gentle giant,” defence lawyer Belinda Franjic said.

“It’s quite clear this offence is completely and utterly out of character for Mr Balta,” she told the court.

Balta had admitted drinking a significant amount of alcohol on the day of the offending and had reacted to seeing his younger brother in a confrontation, the court was told.

The player had shown genuine remorse for his actions and had sought professional help, including courses, to address the behaviour that led to the incident, Franjic said.

The AFL star had quickly admitted the assault and pleaded guilty, although he initially told police he had only punched the victim three or four times.

“That might not have been completely accurate,” his barrister said.

The prosecution slammed the four-match ban from Richmond that was sanctioned by the AFL.

“The action taken by the club is so minimal as to be irrelevant,” Tozer said.

“The court must send a message to the community that this type of conduct is unacceptable no matter who you are.”

Balta is due to be sentenced on April 22.