STATE OF TASMANIA v CODY JOHN NORTH 1 AUGUST2023
COMMENTS ON PASSING SENTENCE JAGO J
Mr North, you have pleaded guilty to one count of assault contrary to s 184 of the Criminal Code. On 23 December 2021 you attended a social gathering at a friend’s residence. The complainant was also there. It seems that throughout the evening the complainant became quite intoxicated and his behaviour became difficult to manage. He was behaving aggressively towards other people at the party at times, including attempting to assault the host of the party. The host of the party was your step-father. Several people variously tried to intervene and dissuade the complainant from his behaviour. Throughout the evening several guests at the party endeavoured to remove the complainant from the residence. He was walked home on occasions, only to return to the party.
At approximately 2.30 the following morning, the complainant was escorted to his home by another male. He was being restrained there so he would not approach other persons. You entered the front yard of the residence and an altercation occurred between you and the complainant. Other people dragged you away from this altercation.
The complainant then moved to the carport area of his home and stood next to his vehicle. Another person, Mr Hunter, entered the carport and assaulted the complainant by striking him to the face. Mr Hunter was removed by others. You then entered the carport area and struck the complainant to the face with a closed fist. I have seen the footage of this incident. It was a punch delivered with some force, the complainant fell immediately to the ground and was rendered unconscious. Others removed you from the area. The complainant remained in an unconscious state for approximately 40 seconds before others were able to come to his aid.
As a consequence of the cumulative assaults inflicted upon the complainant, he suffered quite severe injuries. On 24 December 2021 he was transferred to the North West Regional Hospital. CT scans revealed multiple fractures around his right eye socket and cheek bone. Initially, non-surgical treatment was proposed, but over time, further complications arose. The complainant was required to undergo surgery in respect to facial deformities on 31 October 2022. Further surgery is scheduled.
You were spoken to by police on 27 December 2021. You admitted to the police that you had punched the complainant to the face rendering him unconscious. You told police you did this because you were angry with the complainant because of how he had behaved at the party. You also said you believed the complainant had assaulted your step-father. You admitted to police that you were “quite intoxicated”.
I have read the complainant’s victim impact statement. There is no doubt that as a consequence of all of the assaults that evening, he has experienced considerable physical impairment, stress and anxiety. He describes a “massive mental, emotional and financial strain” as a consequence of the medical procedures he has undergone. He has also experienced difficulties at work because he was most self-conscious about his facial deformities. It is, of course, impossible to determine what effect your act of violence had upon him, separately from the other acts of violence that were inflicted on him. I will nevertheless sentence on the basis that, consistent with any crimes of violence of this nature, it is inherently dangerous behaviour which always carries with it the potential for serious harm to others.
You are 28 years of age. You have three children to a previous relationship, whom you regularly have in your care. You are employed in the mining industry. You are considered a good worker. You have some relevant prior convictions for matters of violence. In 2019 you were convicted of common assault and also convicted of three counts of injure property. In February 2020 you were convicted of breach of Police Family Violence Order, although those matters do not appear to have involved actual violence. It seems your behaviour on this evening came about because you believed the complainant had assaulted your stepfather. Earlier in the evening you and others had endeavoured to alleviate any difficulties by removing the complainant from the party, but such endeavours were unsuccessful. I also conclude that your consumption of alcohol contributed to your decision making that evening. Of course, there is absolutely no justification for your behaviour. Sorting out allegations of misbehaviour and violence by the infliction of further violence is nonsensical and unacceptable. The punch you inflicted on the complainant was hard and it was delivered in a manner whereby he had no opportunity to defend or protect himself. It is to your credit that you have pleaded guilty to this matter, once issues pertaining to the other count originally charged on the indictment were resolved. I also note your co-operation and admissions to police.
It goes without saying that the use of violence to settle grievances or frustrations is unacceptable. Drunken assaults occurring late at night are far too common and are a matter of concern to the broader community. Striking another person, particularly after the consumption of large amounts of alcohol, such that there is little control or understanding of the level of violence inflicted, or the potential consequences that might flow, is, as I have noted, a dangerous act. All too commonly, courts deal with situations where drunken violence leads to very serious outcomes. It is fortunate that here, the complainant was not more grievously injured. General deterrence and denunciation are prominent factors in the sentencing exercise.
In considering sentence, I also have regard, in a general sense, to the sentences imposed upon other persons who were charged with acts of violence against the complainant on this particular night. Whilst they are not co-accused and principles of parity do not strictly apply, there are similarities between the circumstances involved and the level of violence inflicted. I have determined the objective seriousness of your crime certainly requires the imposition of a sentence of imprisonment. The message must be received by both you personally and the broader community that this sort of violence will not be tolerated, and those who choose to participate in such behaviours, can expect strong sentencing responses.
There are however good reasons, which weigh against making you serve that period of imprisonment immediately. In particular, I note your limited relevant prior convictions, your plea of guilty, your employment and your solid prospects for reform. A wholly suspended period of imprisonment is appropriate in my view.
Cody North, you are convicted of the crime of assault. You are sentenced to a term of imprisonment of five months. The whole of that sentence will be suspended for a period of 18 months on condition you are not to commit any offence punishable by imprisonment during that time. I need to explain to you, Mr North, that if you do, in fact, commit any offence punishable by imprisonment, you can be brought back to this Court and an application made that you serve the period of imprisonment. The law is that a judge must activate the sentence unless it is unjust to do so.