THE STATE OF TASMANIA v BADEN GEORGE MANN 9 DECEMBER 2022
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Baden George Mann, aged 43 at the time of the offending, has pleaded guilty to one count of assault. The complainant, Jason Hodgkins, was 30 years old.
The defendant was in a significant relationship with Janelle Heron and lived with her at Rokeby.
The complainant had been in a relationship with Samantha Mann-Heron, who is the daughter of Janelle Heron and the step-daughter of the defendant. They also lived at Rokeby.
The defendant and the complainant did not get along as the defendant and Ms Heron did not approve of the complainant’s relationship with Samantha.
On Sunday 22 March 2020 at about 9.30 in the evening, the complainant was at home with Ms Mann-Heron. They argued and the complainant left his address to attend the defendant’s residence. Mann-Heron told the defendant and Heron the complainant was on his way. The complainant arrived at the defendant’s house on his motorcycle and began to walk down a shared driveway where he was met by Heron, the defendant. The defendant came towards the complainant and attempted to punch him to the face. The complainant wrestled the defendant to the ground. Whilst the complainant was on the ground, Heron approached him and struck him to the head and back numerous times with a golf club. As Heron struck the complainant the defendant held him down so he could not defend himself. The complainant tried to put his arms up and called out for them to stop but the defendant was holding his arms down and he could not move. The complainant was struck with the golf club some ten times before the defendant said words to the effect “that’s enough, Janelle” and Heron stopped. The complainant was able to get to his feet and onto his motorcycle, before fleeing the scene.
It is the State’s case that Heron was the principle offender and the defendant was a party to the offence.
As a result of the offending, the complainant sustained multiple deep lacerations to the left cheek and anterior-lateral scalp, and smaller lacerations to the posterior scalp. He had swelling around the left eye socket but normal movement and function of the eye. He was found to have fractures to the left cheek, midface involving the eye socket, as well as fractured nasal bones. The complainant required surgery to repair the left sided facial fracture which involved the placement of plates and screws.
I have had the advantage of a pre-sentence report prepared by Community Corrections. The defendant is the younger of two children born to the relationship of his parents. He recalls his childhood as unstable at times, advising he was sent to a boys’ home for a period of time as his mother could not look after him due to her mental health conditions. He reported that he witnessed regular incidents of family violence perpetrated by his father, who was continually drunk. He affirms that his father was also violent towards him, recalling him breaking his nose on one occasion. He advised that he had a poor relationship with his father who died 15 years ago. He has always maintained a very good relationship with his mother. He advised that he gets along well with his brother who has been a good support to him since Ms Heron unfortunately died in December 2021.
The defendant has had a reasonable work history, working for a 10 year period for Coles and subsequently as a labourer in the building industry for five years. He was unemployed after the death of Ms Heron due to his family and parental obligations. He has however, returned to work in recent months, as a casual painter.
I am told by the defendant’s counsel, without demur, that the complainant went to the defendant’s home uninvited, having consumed alcohol, and intending to confront at least Ms Heron. Further, the complainant admits that the defendant told him to leave the property.
The defendant says that he believed the complainant was going to attempt to enter his dwelling where Ms Heron and his children were. The intervention of Ms Heron resulted in the immediate and unplanned escalation of the circumstances, although the defendant accepts that he should not have held the complainant down and that the force used exceeded that which was permissible for them to use either in his defence or in the removal of the complainant as a trespasser.
I have heard a victim impact statement read to the Court. The complainant has been left with ongoing pain and anxiety. He suffers daily headaches and pain in his elbows from defending himself from the blows. He has panic attacks. The attack broke up his relationship with Ms Mann-Heron until after the death of Ms Heron. The complainant bears no animosity towards the defendant, who he says asked Ms Heron to stop. He blames Ms Heron
The defendant has no relevant prior convictions, he has pleaded guilty and has expressed remorse. I take that into account in the now commonly understood and accepted way. This was not however a case of an early plea of guilty. The trial was in the grid although the complainant had not been briefed at the time of plea of guilty was indicated.
The defendant’s role in the commission of the offence, while accessorial and unplanned, amounts to serious offending against the complainant as, although he was not to know what would and did occur and while the attack was, it seems, relatively short lived, it was within the defendant’s power to prevent any significant injury to the complainant beyond perhaps the first blow or blows inflicted by Ms Heron, and he failed to do so. The assault involved a weapon to the obvious knowledge of the defendant and the use of the weapon makes the assault a serious one.
In my view his involvement warrants a period of imprisonment, however given the absence of any past similar offending I will, on this occasion, impose a suspended sentence. The defendant is sentenced to 15 months’ imprisonment, which sentence I wholly suspend on condition that the defendant commit no offence punishable by imprisonment for a period of two years.
In addition, I make a Community Correction Order with an operational period of two years. In addition to the statutory core conditions, I impose a special condition that within the operational period of the order the defendant completes 105 hours of community service.
I direct that the defendant report to Community Corrections, who I understand are now at the Hobart Reception Centre at 29 Liverpool Street, Hobart before 5.00pm on Monday, 12 December 2022.