STATE OF TASMANIA v LEB 4 OCTOBER 2021
COMMENTS ON PASSING SENTENCE MARSHALL AJ
Mr B has pleaded guilty to one count of assault under s 184 of the Criminal Code. He is jointly charged with his brother and a friend with assaulting the complainant by forcing him to the ground, placing him in a headlock and punching him to the head and/or kicking him to the body.
Mr B drove the complainant to an address in Forth from Devonport after a request by the complainant to do so for $50. Prior to the request Mr B and the complainant were not known to each other. On the journey the complainant became aware that Mr B had had a verbal altercation with the complainant’s wife earlier that evening.
About 550 metres from arriving at the destination Mr B stopped the vehicle and the complainant exited the vehicle. Mr B did also as well as did his brother and friend who were in the car. The complainant fled on foot but was subsequently set upon by Mr B, his brother and his friend. They struck the complainant to the head and kicked him to the body. They then left the area. Mr B told police the complainant had initiated the fighting by punching Mr B to the nose which caused the other males to be involved.
The complainant suffered bruising and swelling with an abrasion to his left eye socket. He also had bruising to the right side of his chest, an abrasion under his left arm pit, bruising and soreness to his back and an abrasion to his right ear and bruising to his left leg and knee. He further suffered a fractured rib. He made a full recovery. It cannot be said for certain that Mr B was responsible for all of those injuries.
At the time of the attack, Mr B was 17 years old. He is now 19 years old and therefore is a youthful offender. He is gainfully employed as a farm worker. He works long hours and is a good employee.
On 30 April 2020, he was subject to a youth justice order with no conviction recorded. That matter involved the crime of assault by throwing an egg from a moving car, striking that complainant to the left eye. That matter does not constitute a prior conviction. He has no other prior matters relevant to this offence. He has no drug or alcohol problems and is usually of good character.
In sentencing Mr B, I take into account general and specific deterrence and the importance of denouncing violence. I further take into account the injuries sustained by the complainant, some of which were attributable to Mr B.
In addition, I take into account the guilty plea and the remorse shown by Mr B. He is also a youthful offender with a good record and excellent prospects of rehabilitation.
In these circumstances, I impose a $5,000 fine on Mr B, payable within 28 days and a six month term of imprisonment fully suspended for 24 months on the condition that during that period Mr B not commit any crime punishable by imprisonment. I also convict Mr B of the charge to which he has pleaded guilty.