STATE OF TASMANIA v SCOTT GEORGE JAMES BRYAN ADLAM 2 JULY 2019
COMMENTS ON PASSING SENTENCE BRETT J
Mr Adlam, you have pleaded guilty to one count of assault.
You committed the crime on 9 June 2018. You had gone to the complainant’s house to look for another man, an acquaintance of both the complainant and you. When the complainant was unable or refused to disclose this man’s whereabouts, you threatened to hit him if he did not take you to him. When he refused to do so, you struck him with your fist to his face. The blow struck the complainant under his left eye, causing an audible cracking sound. He immediately went into a seizure and you left the residence. This violence was perpetrated in the presence of the complainant’s mother and a visiting neighbour.
The complainant suffered a fracture of the bone under his cheek. He was treated with antibiotics but did not require any other treatment. The seizure indicated that he had also suffered a degree of concussion. He has not provided an impact statement and I have been given no further information about any ongoing impact upon him.
You are 29 years of age. You are a citizen of New Zealand, although you have lived in Australia for your entire adult life. I am told that upon your release from prison, you will be immediately deported to New Zealand. This will occur despite the fact that you have a child who was born and is living in this country. Before you committed this crime, your only criminal history consisted of traffic offences. However, subsequently you have been convicted of a number of offences which include breaches of a family violence order and common assault. Those offences were committed after the commission of this offence. It may well be that your commission of those offences has contributed to the decision to deport you to New Zealand.
This was a serious crime of violence. It was committed in the complainant’s home in front of others and caused a serious injury. Your counsel says that you were surprised that the punch had such an effect and that you did not intend to hit the complainant as hard as you did. Despite this, you deliberately attacked the head of this man with a punch, which is an act which often causes unintended and very serious consequences. General deterrence is a relevant sentencing consideration.
I will take into account in mitigation that you have entered an early plea of guilty. I will place some weight on the fact that you will now be deported from a country which has been your home for your whole adult life. This is not a matter that should mitigate punishment to any significant extent, but it is of course relevant to your personal circumstances.
Scott Adlam, you are convicted of the crime to which you have pleaded guilty and sentenced to imprisonment for a period of six months. That sentence will be backdated to commence on 21 March 2019 to take account of time which you have already spent in custody. You are not eligible for parole in respect of this sentence.