Browns Bay wine bottle attack: No more jail time for man sentenced after attacking 11-year-old

The mother of a child attacked with a wine bottle in a Browns Bay restaurant last year says her son is still suffering and she fears the incident will have a lasting impact on him.

Marc Fata, 39, was sentenced at the North Shore District Court today to eight months in prison, however given the time he has already spent incarcerated Judge Anna Fitzgibbon granted him a “time-served” sentence.

Fitzgibbon said the child’s mother wrote in a victim impact statement that while it had been nearly a year since the assault, he was still suffering psychological effects of it.

She said they tried to get professional help for him but after two psychologist sessions he came home crying and said he didn’t want to talk about it any more.

Before the attack he was a happy and carefree boy, and now she fears the attack will have a long-lasting impact on him, the mother wrote in her statement.

Fitzgibbon considered a 16-month starting point was appropriate, and taking into account his guilty plea, mental health issues and his remorse, as well as his lack of previous convictions, she gave him an end sentence of eight months, as well as six months post-sentence conditions.

The charge, assault with a blunt instrument, carries a maximum prison sentence of five years.

According to the Summary of Facts, the child was dining with his family at the Yummy Dumpling restaurant in Browns Bay on July 30, 2023 when the defendant entered with a wine bottle in hand.

The boy and Fata, who had mental health issues at the time, were complete strangers.

Without provocation, Fata jogged toward the 11-year-old, raising the bottle well above his head, before smashing it down over the victim.

The bottle didn’t break, however, the strike caused “immense pain” and swelling to the victim and he bit down on his tongue which caused bleeding.

Yummy Dumpling Chinese restaurant on Inverness Rd, Browns Bay. Photo / Raphael Franks

A photo taken at the scene showed a boy being comforted by a woman on a chair and two police officers standing nearby. A wine bottle can also be seen on the ground nearby, while plates and food are scattered across the restaurant floor.

Fata was then apprehended by patrons at the restaurant, the summary said.