THE victim of a Sunshine Coast bashing has slammed the justice system after a judge released an offender who attacked three strangers.

Judge Leanne Clare released Aaron Russell Haydon on appeal after he served just two days of a three months jail sentence for the assault in Golden Beach, Caloundra in October 2014.

Sunshine Coast prosecutors are now taking the rare step of seeking leave from the Supreme Court to appeal the judge's controversial decision, News Corp reported on Saturday.

Aaron Russell Haydon, 39, was supported in Maroochydore Magistrates Court by his former police officer father when he was originally sentenced to 12 months in prison in April this year.

Prosecutor Tegan Smith said he was "completely out of control" during the brutal attacks.

The court heard a 21-year-old woman had called 000 in relation to Haydon's behaviour on Landsborough Pde in Golden Beach about 6pm on October 1, 2014.

Haydon struck the woman from behind while she was on the phone, hitting her in the side of the head and causing her to fall to the ground.

Haydon then walked away and, without warning, shoved an 84-year-old man from behind, causing him to fall onto the street.

A man then came to the aid of the elderly victim, who identified Haydon as his attacker.

That man tried to take a photo of Haydon while he was sitting outside a noodle shop.

It prompted Haydon to chase the man and force him to the ground in a gutter before stomping on him and kicking him.

Police described the attacks on Shelby Klein, 21, Brett Whitchurch, 42, and Desmond Sloane, 84, as "extremely aggressive and serious" and "unprovoked gratuitous violence", the Courier-Mail reported.

However Judge Clare said deteriorating mental health was a major factor in Haydon's uncharacteristic violence that had not been fully considered in his Maroochydore Magistrates Court appearance.

The youngest victim, single mum Shelby Klein said she was disgusted by Judge Clare's decision.

"Where is the justice?" she said. "His actions have caused me mental and emotional problems. The justice system has really let down the community even more."

Haydon's team team said he had an acquired brain injury from a 6m fall onto his head in 1996.

Mr Gould said Haydon had also been diagnosed before the incident with borderline schizophrenia.

That diagnosis had been changed to schizophrenia since the incident.

Haydon also had issues with alcohol abuse.

However, Haydon's case had been rejected by the Mental Health Court.

Back in April, Maroochydore magistrate Haydn Stjernqvist said he took Haydon's mental health issues into consideration but they were overwhelmed by the seriousness of the assaults.

He ordered Haydon's sentence be suspended after he had served three months.
 



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