Supreme Court of Tasmania|1993-03-04|Before: Zeeman JJ

Latham, Colin John v R [1993] TASSC 14 (4 March 1993)

Sentencing - Whether nine months' imprisonment manifestly excessive for a serious assault by kicking and punching.

Solicitor for the Respondent: Director of Public Prosecutions

2. The violence took the form of sustained punches and kicks to the head and body of the complainant. The fact that no serious physical injury was caused was, as the learned trial judge observed, fortuitous. In any event, the complainant still complained, eight months after the incident, of a pervading sense of fear when alone for which he was receiving psychiatric counselling.

3. Counsel for the applicant does not submit that a custodial sentence was not appropriate nor that the learned trial judge's discretion not to suspend any part of it in any way miscarried. He contends that having regard to all the circumstances, a sentence of nine months' imprisonment is manifestly outside the appropriate range for offences of this kind. We are clearly of the view that this contention is not made out. Serious assaults of this kind have been regarded by the Court as meriting such penalties and the circumstances of the applicant are not such as to require that some lesser penalty should have been imposed in his case.

4. The application for leave to appeal is refused.

Latham, Colin John v R [1993] TASSC 14

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Judgment (7 paragraphs)

Latham, Colin John v R [1993] TASSC 14 (4 March 1993)

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