STATE OF TASMANIA v BRODEN JHI HAINES 31 MARCH 2021
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Broden Jhi Haines, aged 22, has pleaded guilty to one count of assault by punching the complainant to the face and kicking him to the ribs.
The complainant is Shane Anthony Saward (aged 44).
At approximately 8.35pm on Saturday 12 October 2019, the complainant attended the Yolla Tavern in Yolla with Scott Neasey and the pair ordered a drink and played eight-ball together.
There was a group of some five males aged between twenty and twenty-five years old who were also in the bar and as the complainant looked up from the eight-ball table he saw an unknown man punching into Neasey. At that stage there were four other males standing near the table. He recognised one of the other men as the defendant. He dropped his queue and ran over to Mr Neasey and the other man. I will return in a moment to who was present at that time.
One of the males punched the complainant to his face. The group dragged Mr Neasey towards the rear door of the tavern and pushed him out the door. When Mr Neasey entered the tavern again he saw the complainant on the floor of the bar with a stool on top of him across his body. The complainant stood up and they both proceeded to leave the tavern.
Mr Neasey and the complainant walked to the complainant’s car, got inside and the complainant phoned police. The complainant exited the car and walked over to the defendant’s Land Cruiser to obtain the registration details of the vehicle. He was, on the Crown facts, angry and agitated.
Three males including the defendant exited the land cruiser. The defendant punched the complainant to the left side of his face. The punch knocked him to the ground. Several males stood around him. The defendant kicked him once to the left side of his torso while he was on the ground. No-one else has been charged in relation to any of these events.
The complainant was admitted to the North-West Regional Hospital. Upon presentation it was noted that he had bruising of the left frontal area of his head with an associated laceration, as well as swelling of the right frontal area on his head.
A CT scan revealed undisplaced fractures of four left ribs the fifth, sixth, eight and tenth. The complainant was admitted for analgesia and observation.
I have seen a victim impact statement and it is obvious that these events have left him injured and fearful.
The defendant has no relevant prior convictions. He remains a relatively young offender and he has pleaded guilty. He is obviously of prior good character, has excellent references and has been an industrious and contributing member of the community.
On behalf of the defendant it is put that all parties at the Yolla Tavern on that day were intoxicated and it is not suggested otherwise by the Crown. The first incident in the hotel involved a physical altercation between the complainant and a group of the defendant’s friends. It is put on his behalf, and not disputed, that the defendant was not present for this particular altercation. He was in the toilet. The second incident at the hotel carpark was in the course of departure by the group of friends in the defendant’s vehicle to be driven by him. The complainant stood in front of the vehicle yelling. The defendant was intoxicated but his state of mind was that he was fearful. He accepts responsibility and is remorseful for the degree of force used. As I have already indicated, he has pleaded guilty to this offence and has moderated his intake of alcohol.
The defendant is convicted of assault and is fined the sum of $500.