STATE OF TASMANIA v OWEN GEOFFREY JOHNSON 18 FEBRUARY 2022
COMMENTS ON PASSING SENTENCE JAGO J
Mr Johnson, you have pleaded guilty to one count of assault. Around 9.15 pm on Sunday 11 July 2021 you approached the complainant who was sitting in the gaming lounge of Mackey’s Royal Hotel in Latrobe. The complainant had been there playing the machines since approximately 7.30 pm. You went and stood alongside the stool on which the complainant was seated. There was some conversation between the two of you. I do not know what that conversation was about. In any event, after a few minutes of apparent conversation you took a step back from his stool, paused for approximately 10 seconds and then swung a round-house style punch and struck the complainant to the right side of his face with your right hand. The punch was of sufficient force that he fell forward off the stool and onto the ground. Whilst he was on the ground you grabbed the back of his neck and pushed his head forward. The complainant remained on the ground on his hands and knees until he was assisted by staff and other patrons of the hotel.
You left the gaming lounge area. As you did, you stated to one of the hotel staff members “he’s a junkie druggie, he deserved it, I hate druggies”. On the way out of the hotel you spoke to other staff members and asked them to “keep your name out of it”. You were told the incident would have been “caught on camera”. The incident was recorded and during the sentencing hearing I viewed the footage. Based on what I observed, this appeared to be an entirely unprovoked, gratuitous attack. There was only one punch delivered by you, but it was a forceful blow, delivered from behind. The complainant was taken to the North-west Regional Hospital. CT scans showed he had a comminuted fracture of the nasal bone, which was displaced and a comminuted fracture of the nasal septum. There were also fractures to the front, middle and upper walls of the right maxillary sinus with marked displacement of the fragments. There was a minimally displaced fracture of the right eye socket and gas and blood within the right eye socket. Surgery was necessary. On 16 July 2021 the complainant underwent surgery to repair the various fractures using plates and screws. He was discharged on 19 July 2021.
I have read the victim impact statement of the complainant. The injuries were very painful immediately after the assault, and the complainant continues to experience pain in the eye socket, cheekbone and nose regions. He has ongoing issues with vision in his injured eye. Psychologically, the assault has had a marked impact upon him. He no longer feels comfortable in public places and constantly feels fearful and wary of others.
When you were spoken to by police on 9 August 2021, you told police you recalled hitting the complainant. You said it was a “stupid thing” to do. You said you had been consuming alcohol since lunchtime on the day. You described yourself as being an 8 to 10 in terms of a scale of intoxication. You expressed remorse for what you had done.
You are 25 years of age. You have a strong industrious record. You are currently employed in the mining industry working at the Henty Goldmine in Queenstown. I have regard to the character reference that was provided by your employer. You are obviously well regarded and have received a promotion to a “charge-up” position which involves you working with explosives. I am told in order to maintain this position your employer requires a “good character” check. You may well be demoted because of the commission of this offence. If that eventuates, it will be a salient lesson for you. I am told you have little recall of the assault itself. You had been consuming a very large quantity of alcohol on the day. Undoubtedly, your level of intoxication contributed to the commission of the offence, but it in no way mitigates what you did. I accept, however, it is out of character for you to behave in this way. You have no prior convictions for matters of violence. The only matters on your record are some traffic infringement matters, suggesting you are normally a conscientious and law-abiding citizen.
I accept you are remorseful for your conduct. You co-operated with police. You expressed remorse to them during the course of your interview. You have pleaded guilty at an early opportunity when the matter was before the Magistrates Court. I am told you found watching the CCTV footage of how you behaved confronting, and have struggled to reconcile what you did, with the person you consider yourself to be. Because you were concerned about how you behaved, you arranged to attend at an alcohol counselling service. You have engaged well with that counselling and significantly reduced your alcohol consumption. You have also attended at the Hotel and apologised to management for your behaviour. You wish to convey your apology to the complainant, but recognise he may not appreciate the same, and in any event, you are prohibited from doing so because of bail conditions.
Punching another person to the head is inherently dangerous. You delivered the blow from behind and to the side when the complainant was not expecting it and was not in a position to defend himself. Drunken violence in and around licensed premises is sadly all too common. You and others must understand that even a single punch may, and often does, cause serious injury and even loss of life. General deterrence and denunciation are prominent factors in this sentencing exercise. I am satisfied that the objective seriousness of your crime requires the imposition of a sentence of imprisonment. It must be understood that those who engage in serious criminal violence can expect severe punishment by way of consequence. I accept however that there are a number of factors which weigh against making you serve that period of imprisonment immediately. This was out of character for you. I accept you are genuinely remorseful. You have good employment prospects and significant potential to live a decent and law-abiding life as a contributing member of our community. I intend therefore to impose the appropriate sentence but wholly suspend it. I also think there needs to be an immediate punitive effect so I will also impose a substantial fine.
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 6 months’ imprisonment. The whole of that sentence will be suspended for a period of 18 months on condition that you are not to commit any offence punishable by imprisonment during that period.
- You are fined the sum of $5000, which is payable within 28 days.
Mr Johnson, I need to explain to you that if you do commit any offence punishable by imprisonment – and I emphasise the word any – during that 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.