STATE OF TASMANIA v JOSHUA ANTHONY MCMAHON 2 FEBRUARY 2024
COMMENTS ON PASSING SENTENCE PEARCE J
Joshua McMahon, you plead guilty to three counts of assault. I also agreed to deal with your plea of guilty to the summary charge of returning to licensed premises. The crimes were committed on 10 February 2023 against two men. You were aged 19. You had been at the Newstead Hotel with your brother but were asked by the hotel security to leave. You complied for a while, but, at about 9.30 pm, in breach of that requirement, you returned. Joel Sheehan, then aged 32 and Justin Burgess, then aged 49, were customers at the hotel. You did not know either of them. Mr Sheehan was smoking on the front deck. You approached him and shook hands. However when he reminded you that you had been asked to leave, and should do so, you pushed him and then punched him to the side of his head. Mr Burgess, who was nearby, attempted to intervene to protect Mr Sheehan. You punched him so hard he immediately fell to the ground unconscious. You returned your attention to Mr Sheehan who you slammed onto a table top and then, when he was on the ground, you punched him multiple times in quick succession. As he tried to stand up you kneed him to the head.
You were again shown out of the hotel although you and Mr Sheehan continued to engage in a verbal exchange. You and your brother left and went to your home nearby. Very unwisely, Mr Sheehan decided to follow you and, with two other males who accompanied him, yelled for you to come out. After a while the two other males left. Mr Sheehan stayed on the street outside your home for a short time but, as he started walking away, you came from your home and followed him. On the footpath, as he was almost back to the hotel, you punched him again causing him to fall over. You then fled. All of these assaults were captured on CCTV.
Mr Sheehan was taken to the hospital by ambulance. He had two fractured cheekbones, a fractured nose and a fractured jaw. He was discharged but, just over two weeks later on 28 February 2023 he underwent surgery for the insertion of plates into his right cheek. He was off work for five weeks. I infer, because I was not told otherwise, that Mr Burgess has physically recovered. I have no victim impact statement from either man but that does not mean there is no ongoing impact.
You were interviewed by the police the following day and claimed to have been so drunk that you could not remember very much. You agreed that you were experienced in martial arts and were a skilled fighter.
You were 19 at the time and you are now 20. You had a difficult upbringing and were in foster care from aged 4 to 13 when you were moved to a group home. Your education was somewhat disrupted by some behavioural issues but you remained in school until you left to take up employment half way through grade 12. You held various positions until in February 2023 you were employed full time with a transport company in Launceston transporting goods in the north, east and north west of Tasmania. You remain in that employment. You are in a stable relationship with a supportive partner. In 2018 you were made subject to a conditional release order requiring you to be of good behaviour for some offences committed when you were very young including an assault, but you have not been in any trouble since then. Until recently you lived with your partner’s parents but because their home has recently been sold you are in the process of organising new accommodation for you and your partner.
You committed three serious assaults against two men. The community is very concerned about assaults committed by intoxicated persons in and around licensed premises. Your intoxication does not lessen the seriousness of your crimes. Although you were relatively young compared to the victims you were skilled at fighting. Those who develop such a skill have a responsibility to use that skill lawfully. You inflicted serious injuries on one man and knocked the other unconscious. The damage could have been even worse.
I sought a report about your suitability for home detention. The combination of your work obligations and the uncertainty about your accommodation means that a home detention order is not a suitable. However, despite the seriousness of these assaults, I will allow you an opportunity to avoid prison. There are signs that you can be a responsible member of the community. The sentencing principles which apply to young persons apply to you. I am satisfied that you appreciate the seriousness of what you did, you have accepted responsibility and you are sorry for it. Actual imprisonment should be imposed only if it is the only appropriate sentence. I will impose a term of imprisonment but wholly suspend it on condition that you perform community service. You pleaded guilty. That is a factor which is in your favour for a number of reasons. Had you not done so the term I am about to impose would have been at least a year and you would have been required to serve some it rather than perform community service.
Joshua McMahon, you are convicted on complaint 31608/23. Counts 1 to 4 inclusive. On count 4 I make no further order. On the remaining counts I impose one sentence. You are sentenced to imprisonment for nine months, wholly suspended for two years from today. It is a condition of that order that while it is in force you do not commit any offence punishable by imprisonment. If you breach that condition then a court must order that you serve that term unless it is unjust. I impose a further condition that, within the operational period of the order, you perform 140 hours of community service. The conditions which the law imposes on that order include that you must report to a probation officer at 111-113 Cameron Street, Launceston on or before 5.00 pm on Monday 5 February 2024, you must, during the operational period of the order, report to a probation officer as required by the probation officer and comply with the reasonable and lawful directions of a probation officer or a supervisor, you must not, during the operational period of the order, leave, or remain outside, Tasmania without the permission of a probation officer and you must, during the operational period of the order, give notice to a probation officer of any change of address or employment before, or within 2 working days after, the change. If you breach any of those conditions you may be brought back to court and re-sentenced.