STATE OF TASMANIA v AARON LEIGH MOATE 2 OCTOBER 2026
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Aaron Leigh Moate, aged 40, and residing in [address redacted] at the time has pleaded guilty to one count of causing grievous bodily harm. The complainant, Wayne Russell Tonks, aged 51 at the time of the incident, resides in [address redacted]. He and the defendant were acquainted for most of the defendant’s life and had both been in relationships with Jodie Leonards.
On 13 January 2024, both parties were drinking at the Paddy Wagon Hotel in Glenorchy. An altercation occurred at approximately 11:00pm, prompting staff to close the venue and move patrons outside. Around this time, the complainant and the defendant were observed arguing, with the defendant provoking the complainant by mentioning time spent with the complainant’s ex-partner. Security advised them to leave. The defendant exited first, smoked a cigarette, and spoke with an unknown male. Shortly after, the complainant exited via the Main Road entrance.
Upon seeing the complainant, the defendant approached and punched him in the mouth with a closed fist, causing the complainant to fall backwards onto concrete and strike his head. The complainant was rendered unconscious, though it is unclear whether the punch or the fall caused the loss of consciousness. The incident was captured on high-definition CCTV footage. The defendant stood over the unconscious complainant, made unknown remarks, and then walked away while smoking. He re-entered the venue via Peltro Street, laughing and stating, “I’ve just knocked Wayne out cold.”
I have watched the CCTV footage of the attack upon the complainant, more than once, and there is no doubt in my mind that it was unprovoked and relevantly unconnected to any earlier interaction between the two men inside the hotel.
Witnesses provided medical assistance to the complainant, placing him in the recovery position. Emergency services attended, and he was transported to the Royal Hobart Hospital with a traumatic brain injury. He regained consciousness the following afternoon and discharged himself, against medical advice, on 29 January 2024. On 30 January 2024, he provided a statutory declaration but had no memory of the incident beyond having attended the venue.
On 1 February 2024, police arrested the defendant at his residence. During the interview, he made general comments about his relationship with the complainant and alcohol consumption but made “No comment” regarding the assault. He was charged and detained for court.
The defendant has a relatively lengthy and poor history including for violent offending. There are a number of convictions in relation to disorderly behaviour and resisting police, abusive language, and the like. They start in 2003 and go through until recent years. There are multiple convictions for those offences.
In terms of violent offences, they first appear in 2006, with a common assault. There was a further aggravated assault in 2006. There was a two-month term of imprisonment that was wholly suspended in relation to that. There was a charge of causing grievous bodily harm by dangerous driving in 2009 and a six-month term of imprisonment was imposed in relation to that. There is an infringement for acting in a violent and quarrelsome, disorderly manner in a licensed premises, and then in 2023, there is a charge of destroying property, and counts of common assault, pushing a tray of 60 glasses into the complainant in that case.
One of the other matters postdates the current offending that is before me – but is nonetheless instructive.
The complainant suffered significant injuries, including brain bleeding, skull fractures, and post-traumatic amnesia. He required a cervical spine collar, pain relief, neuroimaging, and cognitive assessments. Due to potential cognitive deficits, his driver’s licence was suspended on 31 January 2024 and it was some time until he was medically cleared to drive again on 20 March 2024. During the suspension, he was unable to work, using long service and annual leave to cover his absence. He continues to experience shoulder pain, headaches, and emotional regulation difficulties. After the driver’s licence suspension was lifted, he resumed work duties.
I have had the benefit of a pre-sentence report prepared in respect of the defendant by Community Corrections. He was born in Hobart and is the eldest of three children. He witnessed family violence during childhood but described his upbringing as loving and supportive, particularly due to his mother’s efforts. He maintains close relationships with both parents, assisting his father with care due to ongoing health issues. He has three children, aged 13, 15, and 25, and prioritises his role as a father. He travels fortnightly to Launceston to spend time with his younger children and also helps care for his brother’s children. His children motivate him, I am told, to avoid further offending.
He resides at [address redacted], a property leased by his parents, where he has lived for six to seven years. A home assessment confirmed the residence is suitable for home detention, with operational electronic monitoring equipment.
The defendant enjoys playing eight-ball weekly, which benefits his mental health. He plays professionally for Metro Soccer Club. He has distanced himself from anti-social peers and now associates with more settled individuals he has met through eight-ball.
He completed formal education to year 8 and holds various qualifications, including a Certificate II in Food and Beverage, a White Card, and licences for forklift operation, traffic control, and asbestos removal. He has a long employment history and has been working full-time hours in logistics, supervising a workforce of 50 employees. His employer supports his continued employment, describing him as reliable, hardworking, and remorseful for his actions.
The defendant sustained significant injuries in a 2009 motorbike accident, requiring leg reconstruction and ongoing management of pain. He is on a waitlist for sleep apnoea treatment and uses medicinal cannabis for mental health and pain relief. He engages in wellness therapies, which improve his sleep quality. He has been diagnosed with PTSD and previously underwent psychological counselling, which he found beneficial.
I am informed that the defendant accepts responsibility for his actions, acknowledging alcohol’s role in his offending. He has implemented measures to reduce the risk of reoffending, including limiting alcohol consumption and avoiding alcohol-centric venues. He remains focused on employment and his children, despite uncertainty about sentencing outcomes.
Mr Moate has previously complied with Community Services Orders, Probation Orders, and a Supervision Order, demonstrating positive engagement and no further offences during the relevant periods.
The attack on the complainant was a serious crime with serious consequences. It could easily have resulted in the death of the complainant.
The defendant is convicted and sentenced to a period of 18 months’ home detention. The Home Detention Order will contain all the statutory core conditions contained in s 42AD (1) of Part 5A of the Sentencing Act 1997. With specific reference to s42AD (1) (g) and (h) of the Act, the following conditions are added to the Order:
- you must, during all of the operational period of the order submit to electronic monitoring, including by wearing or carrying an electronic device
- during the period that you are required to submit to electronic monitoring, you must not remove, tamper with, damage, disable or interfere with the proper functioning of any electronic device or equipment used for the purpose of electronic monitoring
- you must not allow anyone else to remove, tamper with, damage, disable or interfere with the proper functioning of any electronic device or equipment used for the purpose of electronic monitoring
- you must comply with all reasonable and lawful directions given to you in relation to the electronic monitoring, including in relation to the installation, attachment or operation of a device, or a system, used for the purposes of electronic monitoring by:
- a police officer;
- (ii) a probation officer or proscribed officer; or
- another person whose functions involve the installation or operation of a device, or a system, used for the purposes of electronic monitoring.
- The Order will contain the following special conditions:
- you must, during the operational period of the order, remain at [address redacted] at all times unless approved by a probation officer;
- you must attend the Community Corrections office at Level 1, 75 Liverpool Street, Hobart for induction onto this order during normal business hours and no later than 10:00am on Monday, 5 October 2026;
- you must, during the operational period of the order, maintain in operating condition an active mobile phone service, provide the contact details to Community Corrections and always be accessible for contact through this device;
- you must submit to the supervision of a Community Corrections officer as required by that officer;
- you must not, during the operational period of the order, take any illicit or prohibited substances. Illicit and prohibited substances include:
- any controlled drug as defined by the Misuse of Drugs Act 2001;
- any medication containing an Opiate, Benzodiazepine, Bupropion, Hydrochloride or Pseudoephedrine, unless you provide written evidence from your medical professional that you have been prescribed the relevant medication.
- you must not, during the operational period of the order, consume alcohol, and you must, if directed to do so by a police officer or Community Corrections officer, submit to a breath test, urine test, or other test, for the presence of alcohol; and
- you must not, enter upon or remain upon any licensed premises (excluding cafes, theatres, cinemas and ten-pin bowling venues) unless approved in advance by a Probation Officer.