STATE OF TASMANIA v LUKE FRANZ BEZEMER 22 NOVEMBER 2021
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Luke Franz Bezemer (DOB: 3/8/1982), has pleaded guilty to one count of assault.
The complainant is Clinton Shields (DOB: 8/4/1984). He is married to the defendant’s sister. The complainant and the defendant were friends up until about 2019 when there was a disagreement resulting in both parties not speaking to each other.
At the time of the offending on 16 January 2021, the complainant was recovering from elective surgery to correct the alignment of his jaw that took place in October 2020, and the defendant knew about that.
On 16 January 2021 the defendant and the complainant were at a family wedding. During the wedding they were amicable.
Neither party interacted again until the end of the night when the defendant approached the complainant and “offered an olive branch” saying “you need to come to my house and have a beer in the shed with me.” The complainant stated that he could not as he was driving his wife and sister-in-law home.
The defendant continuously repeated himself until the other guests stepped in and told the defendant that the complainant had already said he could not and that this was not the time or place to have a disagreement.
The defendant’s partner also stepped in and told the defendant they were going home. The defendant then left with his partner.
About 15 minutes later the complainant left with his wife and sister-in-law.
On their way home the complainant received a phone call from his 12 year old daughter who rang to say that there was a man out the front of their house in their driveway. The complainant instructed her to lock all the doors and said they would be home soon.
When the complainant arrived home at approximately 11pm he observed the defendant in the driveway. The complainant stated to the defendant that he would just get changed and then he would come out and have a beer with him in the shed.
The complainant went inside, got changed and then invited the defendant in who was still outside. However the defendant would not enter as he stated that he was not welcome at their house. The defendant went outside to speak to the complainant and again invited him inside.
The defendant told the complainant “you need to pull your head in.” The complainant asked him what he was talking about. The defendant then said “don’t stand there smirking at me.” The complainant responded that he was not smirking at him but this is what his face looked like after his surgery.
The defendant then grabbed the complainant by the shirt and punched him once to the jaw with a closed fist. The defendant maintained hold of the complainant’s shirt and was moving him around and up against the car. The complainant had hold of the defendant’s wrist trying to pull free. The complainant was telling the defendant to stop.
The complainant’s sister-in-law came outside and told the defendant to leave, and that she would call his partner to come and pick him up. The defendant appeared to calm down before he punched the complainant to the jaw again with a closed fist.
The defendant was then immediately pushed away, down the driveway by the complainant’s sister-in-law. The defendant left the address by walking away.
The incident was captured on CCTV and was being viewed at the time of it happening by the complainant’s 12 year old daughter and 18 year old niece who was babysitting.
Police and an ambulance subsequently attended the complainant’s address. The complainant was transported via ambulance to the Launceston General Hospital and then transferred to the Royal Hobart Hospital.
As a result of the two punches, the complainant underwent a 6 hour surgery to repair his jaw. His bottom jaw was fractured in 2 places, and the brackets and plates from the previous surgery were bent and needed replacing. The operation involved internal fixation of the fractures by the fixing of the brackets and plates, and the placement of metal braces to support and hold the teeth and jaw in the correct alignment.
As a result of the surgery the complainant’s jaw was locked and bound with bands for 8 weeks to allow time for the bone to heal.
The complainant has a good prognosis and at the three week post-operation check he was progressing well with his recovery.
I have read a Victim Impact Statement from the complainant. The physical damage to his face was horrifying after the punches inflicted on him. He was air-lifted to Hobart and had to undergo six hours of surgery some two days after the attack. Before the surgery he said it was the worst pain he had ever endured. In those days he could not swallow, he could not speak and could not eat. His jaw was swinging loose and it felt like it was hanging by a thread. After the surgery he woke up to his worst nightmare; his jaw was completely wired shut. It was so tight the pressure of his top and bottom teeth clenched together caused constant pain. He could not speak, or eat and for four weeks communicated with pen and paper and texts – to the nursing staff at the hospital, family and friends. He spent two weeks in hospital with up to seven tubes connected to him at all times. He was under constant pain medication. The worst of those tubes ran from his nose to his stomach. This was his only means of eating. He lost 16kgs in just one week and has not been able to put that weight back on.
The defendant has no relevant prior convictions.
He lives in Riverside with his partner of five years.
He grew up in Launceston and completed year 11. He has three children from a previous relationship. All school aged. He has shared care arrangement with them.
He has a strong employment history most recently working for himself as an excavator operator.
He states that he pestered his partner to drop him at the complainant’s house as he was convinced he could have a beer with the complainant and settle their differences that night.
However he was not in a position to make any decisions rationally due to his level of alcohol consumption.
He states that he did not attend the complainant’s house to engage in a fight.
He had no idea that his niece was watching from the CCTV. She had been at the wedding earlier but he did not know that she would still be awake.
It is accepted that the defendant knew of the condition of the complainant’s jaw before the incident as I have mentioned.
He cannot say what was going through his mind when he punched the complainant but he does not believe that he was trying to target that area.
The defendant accepts that it is and aggravating feature of his crime that it was witnessed by the complainant’s child although this was entirely unknown to him. He also accepts that it is aggravating that the assault occurred on the complainant’s property.
The defendant knows that the injuries are the consequences of his actions and they caused significant pain and discomfort. He offered to financially afterwards, and he is very remorseful.
Since this incident he has reflected on his behaviour and has engaged with a counsellor to address his alcohol related problems. He has attended six sessions and plans to continue.
This is a serious assault in view of the aggravating features of the crime and the seriousness of the consequences to the complainant. However the defendant pleaded guilty at a very early stage, has no relevant prior convictions, is remorseful and is addressing the cause of his behaviour. In my view an immediate custodial sentence is not required.
The defendant has lived at his current rented accommodation in Riverside for five years. However, he and his family will be required to relocate to a new residence as the owner is moving back into the house in January 2022. Due to the house being unavailable for the next 18 months, he is deemed unsuitable for home detention at this time. He is suitable for community service.
In the circumstances, the defendant is convicted and sentenced to 12 months’ imprisonment, which sentence I wholly suspend on condition that he commit no offence punishable by imprisonment for a period of two years.
In addition, I make a community correction order with an operational period of two years, a condition of that order will be that during the operational period of the order, he complete 175 hours of community service. You are to report to Community Corrections in Cameron Street, Launceston within 24 hours.