STATE OF TASMANIA v BRAYDEN ALLAN JAMES ION 15 DECEMBER 2022
COMMENTS ON PASSING SENTENCE WOOD J
Brayden Allan James Ion has pleaded guilty to one charge of assault.
On Saturday 20 November 2021 he entered a private function being held in the upstairs area of a bar venue, Botanica, at Salamanca Place. He entered with a male companion, Mr Drummond, both uninvited.
The defendant and Mr Drummond started talking with people at the function and helped themselves to cake, grabbing pieces of an uncut layer of cake with their hands. The defendant picked up a knife which was near the cake. The complainant, Mr Docking, took it from him and another guest picked up the cake to move it away from the pair who continued to reach for the cake. The complainant told them to leave.
There was a confrontation involving the complainant and guests and the defendant and Mr Drummond. After some jostling, the complainant pushed Mr Drummond to the face. The defendant retaliated and punched the complainant once to the face.
The defendant and the complainant began wrestling while others tried to pull them apart. They fell to the ground and the defendant landed on top of the complainant. He lay across the complainant’s body, pinning him to the ground while guests tried to remove him. The complainant was pulled out from underneath the defendant.
The complainant had swelling to the right side of his face and was bleeding from his nose. Police attended and the defendant was taken to the Royal Hobart Hospital. His injuries were assessed and tenderness and bruising were noted on the right side of his cheek. A CAT scan revealed that he had acute fractures of both his nasal bones, and a fracture in the wall of his right maxilla cheekbone. Some hours later, he was discharged from hospital. He has not required surgery and is unlikely to need surgery in the future. However, he has needed multiple appointments with a specialist to monitor the healing of the fractures. Fortunately, it seems he has not sustained permanent damage.
I have been provided with a victim impact statement from the complainant. This incident ruined a special celebration with close friends. He had to have a week at home recovering from the significant bruising and swelling. His children were very upset by his appearance. His wife does not want to go out because she is fearful of another violent incident, and the complainant shares her concerns.
The defendant was 20 at the time of offending, now aged 21 and he has no prior or subsequent convictions. He pleaded guilty at his second appearance in the magistrates court.
He is an apprentice carpenter in his fourth year and has full-time employment. He works hard and has good prospects in the construction industry.
He trains in mixed martial arts and is employed part-time as a coach at the Hybrid Training Centre. He is well regarded for his responsible attitude and positive values. I have two character references, one from the owner of the Centre and the other from a friend. Both of the individuals regard this offence as out of character for Mr Ion and attest to his remorse and shame.
Generally, the defendant does not drink to excess. Intoxication was a contributing factor on this night, but that is no excuse for violent behaviour. Everyone knows alcohol leads to disinhibited behaviour and poor decisions and reactions. It is all too often associated with aggression and violence.
The defendant can see the link, and the damage it has caused.
He also has a full appreciation of how dangerous fighting can be outside the controlled environment of training.
He has written an apology letter to the complainant which his lawyer will make available if the complainant wishes to receive it.
Mr Ion, you inflicted a single forceful punch to the complainant’s face resulting in a serious facial injury. While it was a single blow you knew, more than most people, the potential damage of just one punch.
You were in the wrong from the beginning. You entered uninvited and your behaviour was obnoxious. Naturally the guests at this private function were going to take umbrage at your behaviour and conflict was almost inevitable. You were responsible for that conflict.
I accept Mr Ion, that you are a young man who is taking this very seriously, you have learnt a significant lesson, and I think it is a lesson that will stay with you.
In the circumstances of this case, I am satisfied that a suspended term of imprisonment and community service reflects the seriousness of the offence, the harm caused to the complainant as well as the defendant’s sound prospects.
I record a conviction and I impose 5 months’ imprisonment wholly suspended on condition that he not commit an offence punishable by imprisonment for 2 years, from today. As a condition of his suspended sentence he must complete 98 hours of community service, he has a two year period to complete those hours, and he must comply with the reasonable directions of a probation officer or supervisor. He must report to a probation officer at Level 1, 75 Liverpool Street, Hobart by no later than 4pm tomorrow.