The 35-year-old was arrested and charged in 2018 after being filmed by a hidden camera hitting David Nabulsy with a shoe and pulling him to the floor at a Bupa aged cared facility in Seaforth in Sydney's north shore where Paudyal worked.
He was sentenced to eight months in prison with a non-parole period of four months at Manly Court on January 23.
“The matter was highly publicized, little of which was fair”, the court was told.
However during the appeal at the district court in Sydney today Judge Helen Symes accepted Mr Paudyal was genuinely remorseful for his actions.
The court was shown the video of the assault and the defence team successfully argued that Mr Paudyal was scared before the assault took place.
The defence team argued that Mr Paudyal was treated unfairly by the media.
“The matter was highly publicised, little of which was fair”, the court was told.
Judge Helen Symes allowed the appeal and imposed an intensive correction order to be served in the community for seven months.
While Paudyal will be released from prison as a result of the appeal, his legal team legal team says it was not a win for anyone who had been through the ordeal.
