STATE OF TASMANIA v DANNY LESLIE HAYES 12 DECEMBER 2022
COMMENTS ON PASSING SENTENCE PEARCE J
Danny Hayes, you plead guilty to assault. The offence was committed against Cassandra Barry who is partner to your brother Drew Hayes. They lived in Winnaleah, a small rural town in north east Tasmania. You lived not far away. At about 8.15 pm on 28 August 2021 you went to their home. There followed a heated argument between you and Ms Barry in the course of which you punched her to her left eye. She suffered a laceration above her eye which bled heavily and very quickly became very swollen. She was first taken to the Scottsdale Hospital for assessment and then to the Launceston General Hospital. Medical examination and investigations revealed that she had suffered multiple fractures to the left orbital socket, the set of bones surrounding her eye.
In the course of the sentencing proceedings the State asserted that you had punched Ms Barry twice. You did not admit that you punched her more than once and so I heard evidence to resolve the dispute. Both Ms Barry and your brother gave evidence that you struck her twice. Ms Barry told the doctor in Launceston that she had been punched twice but in evidence could not say whether the first blow was with an open hand or was a punch. The first blow did not knock her down but the second blow did. Drew Hayes said he saw two punches but was wrong about which side of the face Ms Barry was struck on. Both had consumed a significant amount of alcohol. You did not give or adduce evidence. I regard Ms Barry as an honest witness. I am left in no doubt that you struck her twice but I cannot exclude as a reasonable possibility that the first blow you struck was with an open hand and not a punch. In the end I do not think it matters much because the second blow was the one which did all of the damage.
Other evidence emerged which is relevant to sentence. All three of you had been at the Winnaleah Hotel drinking. After Ms Barry and her partner left they went home and engaged in a heated argument between themselves, so much so that their son left to get you. By the time you arrived I am satisfied that the argument had largely subsided but your argument with Ms Barry arose from what she had been arguing with your brother about. It was put to her that you responded after she sprayed you with fly spray but she denied that and there is no other evidence of it. Even if it were true, it does not justify or reduce the seriousness of a blow of such force to her.
You are aged 40. You are the sole carer of your children aged 15 and 12. You work in agricultural jobs mostly operating farm equipment. You have no prior convictions for violence but have some relatively minor prior convictions for drug offences and an alcohol related driving offence. Your plea of guilty is in your favour but some of the benefit of that is lost because Ms Barry was still required to give evidence. An important factor in sentencing is the serious injury she suffered. The punch which caused injury of that nature must have been of considerable force. It is the court’s duty to condemn such violence, particularly by a mature male against a female. Fortunately it seems that she has recovered without lasting impact because I was not informed of any ongoing physical or psychological effects. No doubt the whole experience was traumatic for her. Community service is not likely to be available in the area in which you live and work. You have no capacity to pay a fine which is commensurate with the seriousness of this crime. I do not see that home detention is appropriate. I regard imprisonment as the appropriate sentence but I will give you an opportunity to avoid having to actually serve any part of the term on condition that you do not re-offend in any serious way.
Danny Hayes, you are convicted on the indictment. You are sentenced to imprisonment for six months. I wholly suspend that term for two years from today. It is a condition of that order that you not commit another offence punishable by imprisonment. If you breach that condition then you will be required to serve the term I have imposed unless that it unjust.