STATE OF TASMANIA v BRADY CHARLES BILSON 7 JUNE 2023
COMMENTS ON PASSING SENTENCE JAGO J
Mr Bilson, you have pleaded guilty to one count of assault. Around midnight on 26 June 2022 you and the complainant were both in the Pub Rock Diner in Devonport. The complainant was intoxicated. He was dancing on his own in the eight ball area. You had been to the bar and purchased two cans of alcohol. You were sober. You walked from the bar to a nearby seating area. Your route took you past the complainant. As you walked past him you pushed the complainant with your right shoulder, to move him out of your way, and continued on. The complainant reacted by giving you a slight tap on the back of your right arm. This caused you to slip slightly and drop one of the cans of alcohol you were holding. You then spun around and approached the complainant in an aggressive manner. You pointed out the spilt drink to the complainant. As the complainant leant over to look at it, you used your right elbow to strike him hard to the head area. He immediately fell backwards, hit his head on the concrete floor and fell unconscious.
You went and sat in a nearby seating area and watched as staff and security attended to the complainant. The incident was captured on CCTV camera. I viewed the footage during the sentencing hearing. Based on what I observed, this was an unprovoked and gratuitous attack. The complainant’s touching of you was insignificant and nothing more than what is commonly experienced in a licensed premises late at night. Your reaction was excessive and entirely unwarranted.
The complainant was taken to the North West Regional Hospital. He required seven staples to repair the wound to the back of his head. He was required to take two weeks off work to recover from what he described as a “severe concussion”. I have read the victim impact statement of the complainant. He has been left with a substantial scar and continues to experience ongoing head and neck pain. He suffered financially because of the time he had to take off work. Psychologically, the assault has had a marked impact upon him. He no longer feels comfortable in public places and constantly feels wary and distrustful of others.
When you were spoken to by police on 15 August 2022, you claimed the complainant had acted in an aggressive manner towards you and that you had responded in self-defence. Your claims are not at all consistent with what is seen on the CCTV footage. You now accept that and have pleaded guilty to the crime. Your plea of guilty counts in your favour.
You are 26 years of age. You have a strong employment history. Since leaving school at the age of 16, you have never experienced difficulty in obtaining employment. You have qualifications in the construction industry. You are not currently working, but are completing additional courses in the hope of obtaining better employment prospects. Your recorded criminal history is limited. In April 2022 you pleaded guilty to an offence of threatening a police officer. Other than that, there are some traffic matters and some relatively minor matters against good order. It seems generally you are compliant with the law. I am told you recognise that you have some anger management issues. I am told that as a consequence of your behaviour on this night, you have reflected upon that and have resolved to obtain some assistance to rectify it. You now recognise there have been occasions in the past where you have also allowed your temper to get the better of you and act irrationally.
Striking another person to the head, with the force that you did, is an inherently dangerous act. You delivered the blow to an intoxicated person who was not expecting it, and was not in a position to defend himself. Violence in and around licensed premises is sadly all too common. You and others must understand that even a single blow may, and often does, cause serious injury and even loss of life. Whilst you are not to be sentenced on the basis that you intended or foresaw the consequences of your actions, the fact that the blow you delivered was objectively capable of causing such serious injury, is itself a factor relevant to sentencing. General deterrence and denunciation are prominent factors in the sentencing exercise.
Mr Bilson, you caused considerable harm to your victim and the consequences for him have been most unpleasant. I am satisfied the objective seriousness of your crime requires the imposition of a sentence of imprisonment. I accept, however, there are a number of factors which weigh against making you serve that period of imprisonment immediately. In particular I note your good employment prospects, your lack of relevant prior convictions and your potential to live a productive, law abiding life and contribute to our community. I intend, therefore, to wholly suspend the period of imprisonment. I will also make a community correction order directed at providing you with some assistance around your anger management issues and I will require you to perform some community service.
The orders I make are as follows. You are convicted of the crime to which you have pleaded guilty and are sentenced to a term of imprisonment of six months. The whole of that sentence will be suspended for a period of two years on condition that you are not to commit any offence punishable by imprisonment during that period of time. I impose a community correction order with an operational period of 12 months from today. It will contain all core statutory conditions. There are conditions that you must report to a probation officer at Devonport by the close of business tomorrow, 8 June 2023; you must undergo assessment and treatment in relation to anger management as directed by your probation officer; you must submit to medical, psychological or psychiatric assessment or treatment as directed by your probation officer; and you must submit to treatment for illicit substance use as directed by your probation officer. There will be a special condition that you satisfactorily perform and complete 63 hours of community service.
Mr Bilson, I need to explain to you that if you do commit any offence punishable by imprisonment, and I emphasise the word “any”, during the period of time you can be brought back to this Court and an application made that you serve the period of imprisonment. The law is that a judge must activate that sentence unless it is unjust to do so.