STATE OF TASMANIA v CALEB CONNOR REILLY 19 FEBRUARY 2024
COMMENTS ON PASSING SENTENCE PEARCE J
Caleb Reilly, you plead guilty to one count of assault. Just after midnight on Friday 5 May 2023 you were a back seat passenger in a car which was circulating on the blockie route in Launceston. You and the occupants of your car became involved in a verbal altercation with the occupants of another car also driving around the streets. Joel Durrack was a passenger in the back seat of that car and was participating in some of the exchange. He directed some remarks at you. When the two cars came to a halt at traffic lights on the corner of Bathurst and Brisbane Streets you left the car in which you were travelling, walked to the car in which Mr Durrack was seated and punched him through the open car window. It was a single blow but it struck him on the left side of his face so hard that it caused a depressed fracture of his cheekbone. It caused him immediate pain and distress. He was taken to hospital where the extent of the injury was discovered. A week later he underwent surgery to lift the facial bones back into position. You voluntarily went to the police station on 15 June and admitted what you had done. You pleaded guilty on your first appearance in court.
It seems Mr Durrack has made a good recovery. He did not lose consciousness and there was no risk that, as is sometimes the case, he may fall to the ground and suffer even more serious injuries by hitting his head. Once you realised the seriousness of what you had done you took it upon yourself to contact him via a social media application and apologise to him. He told you that he was not having any continuing problems with his jaw. He declined to make a victim impact statement and I have gave been given no indication that what he told you was incorrect. However I would also conclude that what happened to him was very confronting for a young man. Incidents of violence resulting in injuries of this nature also very often cause psychological effects which can be long lasting. The nature of the injury you inflicted made this a serious assault. It is one thing for you to choose to engage in the type of verbal exchange which has been described to me, but another entirely to resort to violence. Having done so it is my duty to punish you for it and make clear to others what the consequences may be.
You have no prior convictions. You had not long turned 18 when you committed this assault. You were going through a difficult time in your life and lost your way. You stopped living with your mother, began living an itinerant life and using drugs. You fell into bad company. This has been a wake up call for you. You are back living at home, you have stopped using drugs and your mental health has improved. A couple of months ago you obtained employment and a letter from your employer indicates that you have made a very good impression.
All the principles which apply to youthful offenders apply to you. The prospect of your rehabilitation is very important. I am not going to impose a prison sentence. However, if anything like this happens again, or if you do not take advantage of the lenience I am about to extend to you, the result may very well be different if there is a next time.
You are convicted. I make a community corrections order for a period of 18 months from today. The conditions of that order will be specified in the written order you will be given and include that you not commit an offence punishable by imprisonment, that you must not leave Tasmania without permission and that you must notify of any change of address. I impose a special condition that you must, within the operational period of the order, satisfactorily perform 84 hours of community service, as directed by a probation officer or a supervisor. I also impose a special condition that you must, during the operational period of the order, submit to the supervision of a probation officer as required by that probation officer, attend educational and other programs, undergo assessment and treatment for alcohol or drug dependency, submit to testing for alcohol or drug use and submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer. If you breach any of those conditions you may be brought back to court and re-sentenced.