STATE OF TASMANIA v SHAUN ALBERT LEONARD ESTCOURT J
COMMENTS ON PASSING SENTENCE 25 MARCH 2021
The defendant Shaun Albert Leonard, aged 37 has been found guilty by a jury of two counts of assault upon one Megan Anthony during the course of a melee involving up to 40 people in Rooke and Best Streets Devonport, following their return from the Devonport Cup on 10 January 2018. Both assaults comprised striking Ms Anthony once to the face with a closed fist. Both involved considerable force and knocked her to the ground.
The defendant’s defence to the first count was that he was acting in defence of himself. His defence to the second count was that he was acting in defence of his partner Ms Billett, who had been thrown forcibly to the ground by Ms Anthony after Ms Billett became involved in a struggle with Ms Shanae Senior.
In respect of the first count on which he was found guilty I am not satisfied beyond reasonable doubt that the defendant did not genuinely believe that, in the circumstances as he believed them to be, he had a need to defend himself. He found himself in the middle of a violent mob and was being punched when he struck Ms Anthony who was coming from the direction from which the last punch came. In my view the jury verdict was arrived at on that count on the basis that the force of the punch was excessive and unreasonable.
In respect of the second count on which he was found guilty I am satisfied beyond reasonable doubt that the defendant could not have held a genuine belief that he had a need to defend Ms Billett. I am quite satisfied that at the time the defendant punched Ms Anthony, any danger to Ms Billett had passed. She had already been thrown to the ground and there was no evidence of her being attacked or subject to imminent further violence. The defendant in my assessment had ample time while he was running in to punch Ms Anthony, to take stock of the situation and desist. In my assessment the defendant was acting in retaliation when he punched Ms Anthony with great force, something that he, as a man of previous good character, would not have done had he not been drinking for most of the day at the race meeting.
The defendant has no relevant prior convictions and he put his character in issue on the trial. This offending was obviously an aberration.
The defendant is convicted on two counts of assault and I impose a single sentence of a fine of $1,000 together with a Community Correction Order for a period of 2 years and six months, which order contains all of the core conditions and a special condition that he undertake, within the operational period of the order, a total of 140 hours of community service.