Michael Muller, 61, of Mooroopna, was found guilty by a jury of recklessly causing serious injury and he pleaded guilty to common law assault.
The victim’s sister told the Melbourne County Court her brother was “a completely different person” after the incident on the night of June 30 at the Cricketers Arms Hotel.
Muller was sentenced to three years and nine months in jail, with 129 days already served.
He must serve two years and four months before he is eligible for parole.
In his sentencing remarks on April 12, Judge David Sexton said he was satisfied Muller had “reacted instantly to a perceived threat” but called his actions indefensible.
The court heard the assault, which was captured on CCTV, started after Muller was pushed in the chest by the victim while they were talking at the bar.
The pair tussled before Muller swung the schooner glass he was holding into the side of the victim’s head and a bar stool, which the victim deflected with his arm.
The victim was taken to Shepparton hospital just after midnight by his cousin and was airlifted to the The Alfred hospital in Melbourne.
He required emergency surgery which saw part of his skull removed to extract a shard of glass and remained in intensive care for nine days.
A more recent medical report found the victim had “significant and ongoing” health issues including problems with his vision, difficulty swallowing, and impaired memory and mobility.
Judge Sexton said it beggared belief that Muller swung the bar stool at the victim when he must have known he was already seriously injured.
Several “impressive” character references were tendered by family members of Muller and Judge Sexton said he didn’t regard him to be a violent person by nature.
Judge Sexton took into account the delay in his matter coming to trial, his remorse, good prospects of rehabilitation and his deteriorating physical health.
The court heard Muller had a “modest” criminal history, with three drink driving charges from the 90s and some minor nuisance or behavioural matters, but no prior convictions for violent offending.
The court heard Muller, who was born in Tonga, was at risk of being deported on his release from jail.
Muller has lived in Australia for four decades and has seven children and 14 grandchildren.
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