STATE OF TASMANIA v REGAN FEPULEAI 25 OCTOBER 2019
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Regan Fepuleai, aged 25 at the time, but now 26, has pleaded guilty to one count of assault, contrary to the Criminal Code. I have also agreed pursuant to s 385A of the Code to deal with contains two charges of assaulting police and one count of resisting arrest on complaint 53356/2019.
On 26 August 2019, the complainant was working on a school photography project on Don Heads. As he walked back towards Don College, he noticed the defendant in the distance walking toward him. As they approached each other, the complainant started to ask the accused, “Are you right mate?”, and as he did, the defendant punched him in the face. The complainant attended the Mersey Community Hospital. He was diagnosed with fractured nasal bones which did not require surgical intervention. He was medicated with analgesics and discharged.
Police located the defendant later in the backyard of 113 Don Heads Road. Constable Nicholas Parsons spoke with the defendant, who identified himself. Constable Parsons commenced recording on body-worn camera footage.
Constable Parsons told the defendant he intended to conduct a personal search, and that he was under arrest for assault. The defendant asked whether a guy had made a complaint. Constable Parsons said, “I didn’t say anything about a guy”. As he did so, the defendant punched him to the face, to the upper right side of his mouth. Constable Parsons experienced pain, bleeding, dizziness and a headache. That is complaint 1 on the complaint.
Constable Parsons attended the Mersey Community Hospital. He was assessed, and a small split to his upper lip was noted. No treatment was administered apart from analgesics. He later noticed a small cut under his nose. He experienced a headache for about five days.
After his arrival at the Devonport Police Station, the defendant’s handcuffs were removed and he ran at two police officers, and punched a third officer, Constable Maingay, to the top of his head. That is count 2 on the complaint.
The defendant continued to resist being restrained by refusing to allow officers to place his hands behind his back and re-apply handcuffs.
Constable Maingay suffered soreness to the top of his head, and soreness to his left shoulder and arm. He noticed marks to the top of his head, and experienced a headache for a time.
The defendant was detained for court and a bail application was refused. He has been in custody since 26 August 2019. He entered pleas of guilty to all charges on his second appearance on 6 September 2019.
I have seen a victim impact statement from the complainant. He says that he had a lot of pain in his nose for some time and that caused him to miss a week of school and have two weeks off work. His injuries also stopped him from participating in a defence force fitness test needed to join the Navy. He also now has trouble being in a public.
The defendant has no prior convictions of any relevance. I take into account all that has been said on his behalf by Ms Abercromby.
The unprovoked random assault on a younger man causing significant injury should attract a sentence of imprisonment absent significant mitigation, and there is none, to my mind, bar the defendant’s very early pleas of guilty, for which I provide a discount on an otherwise appropriate sentence of imprisonment. Equally, assaults on police officers in the execution of their duty are serious crimes.
The defendant is convicted on all charges to which he has pleaded guilty and I impose a single sentence of 12 months’ imprisonment, nine months of which I suspend on the basis of his previous good record, his relatively young age, and the need to consider rehabilitation as a factor in sentencing. Nine months of the sentence will be suspended on the condition that the defendant commit no offence punishable by imprisonment for a period of two years. The sentence is backdated to 26 August 2019.