STATE OF TASMANIA v ANDREW WILLIAM BARRON 2 APRIL 2026
COMMENTS ON PASSING SENTENCE BRETT J
Mr Barron, you have pleaded guilty to one count of assault.
This crime is yet another example of serious alcohol fuelled violence perpetrated late at night on the streets of Launceston. As is usually the case, there was absolutely no need for it and it represents a type of unrestrained criminality that causes so much concern in the community. That concern is well justified.
It seems you had been drinking alcohol with a group of other men. Just after midnight, your group commenced an interaction with another group of men as both groups walked along the street. The interaction according to the CCTV, initially seemed calm, almost friendly. However, after a short time, the tone and nature of the interaction deteriorated, although it is not clear to me why this happened. Your counsel says that you were not heavily involved in the conversation, and you had tried to have the other group move on, but the verbal interplay continued. At some point, and without apparent warning, you punched the complainant to the head with enough force to knock him to the ground and cause significant injury to his face. The only explanation offered for this act was that you were frustrated by the refusal of the other group to move on, but there is no suggestion that any provocative comment or conduct was offered towards you. The complainant was taken by police to hospital where he was found to have sustained extensive bruising to his face, his eyelid was swollen shut and he had a laceration below his eyelid. A scan discovered extensive fractures of facial bones including those around his eye.
The complainant has provided an impact statement. The consequences of your criminal conduct on him have, as would be expected, been profound. He discusses the immediate impact in terms of surgery and treatment and the effect that his highly visible facial injury had on family, friends and colleagues in the aftermath of the attack. In the longer term, there have been some deep-seated psychological consequences, all of which are what would be expected from suffering a traumatic experience of this nature.
You are 32 years of age. You have a concerning criminal record with an extensive history of committing crimes of violence. In 2011, when you were 17 years of age, you were dealt with as a youth for six separate common assaults. In 2014, you received both actual and suspended sentences of imprisonment for three separate common assaults. These assaults were committed when you were aged 18 and 19. Further, in that year, you were sentenced by the Supreme Court to eight months imprisonment, with the sentence partially suspended, for Criminal Code assault. In what the Judge described as a senseless and irrational act of violence fuelled by alcohol and drug taking, you punched a taxi driver in the face causing injuries, some of which are similar to those you caused in this case. You were 20 years of age when you committed that crime. In 2017, you were sentenced in the Magistrates Court to eight months imprisonment, again partially suspended, for a number of offences which included two counts of common assault committed when you were 22 years of age. In addition to the crimes of violence are convictions for numerous other offences, including some serious driving charges and offences against police.
You are not to be sentenced, of course, for your past criminal record. Further, were it not for your commission of this crime, it can be said that since 2017 you have made significant progress in improving your behaviour. I am told that you are in a stable relationship, have young children and are currently running your own successful business as a concreter, employing a number of other people. All that is acknowledged, but the problem is on the night in question in this case, you reverted to your propensity to inflict senseless and serious violence on others. As I have already said the community deplores and is correctly concerned about such violence. Forceful punches and blows to the head, particularly when delivered on the street to a person who has been drinking, often result in serious injury or death. On this occasion, the blow did actually cause serious injury. In my view, it is beyond question that a sentence must be imposed that deters others from acting in this way and also deters you from continuing to give in to your propensity for violence. Such a sentence must be a significant term of imprisonment.
In assessing the term, I take into account your plea of guilty and the punitive impact that going to jail will have on you. There will no doubt be a very significant impact on not just you but also on your family and employees. However, it states the obvious to observe that you should have thought about those consequences before you decided to commit this crime. The plea of guilty is of some significance and you will receive some credit for it because it has avoided the need for a trial and for the complainant to give evidence.
Andrew Barron, I intend to impose on you a sentence of imprisonment for a term of 12 months. That sentence will commence when I indicate that on the 14 April 2026. Because you have pleaded guilty and shown some capacity to rehabilitate, I will permit parole at the earliest opportunity and you can anticipate that the order will be that you are not eligible for parole until you have served six months of the sentence.
As discussed I will adjourn this case to 14 April 2026. I will extend bail until that day and you can expect that I will put that sentence into effect.
I order that the defendant pay compensation to the complainant in the sum to be assessed and I adjourn assessment of that sum sine die.
Note: The sentence took effect as anticipated on 14 April 2026