STATE OF TASMANIA v JORDAN BARRY CHISHOLM 13 OCTOBER 2023
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Jordan Barry Chisholm, aged 20 at the time of the offending, has pleaded guilty to one count of assault. The complainant is Yuan Yao. He was aged 39 at the time.
At approximately 8:40pm on 17 February 2023, the complainant and his partner were walking to their home when they came across a second-hand outdoor chair on the lawn outside an address in Scott Street, Bellerive. The complainant believed it had been left outside for waste collection and picked up the chair and continued walking. A group of 6-7 people came from Percy Street, Bellerive onto Scott Street. One of the males in the group started yelling at the complainant asking him where he had got the chair from. The complainant replied, “It’s none of your business“. As the complainant walked past the group to turn into Park Street, the defendant accused the complainant of stealing the chair. The complainant said, “If you think I stole something, then you can call police“. The group then stopped in Park Street.
The defendant approached the complainant and kicked his left hand. The complainant told the defendant he was going to call the police. A female in the group told the complainant that she was sorry for her friend’s actions and that they were drunk. She tried to get them to leave and the group walked down Park Street towards Derwent Street. The complainant and his partner also walked in that direction to get home, but kept a large distance between themselves and the group.
As the group walked away, the defendant and another male continued to yell and shout at the complainant. The complainant got his mobile phone out and called police. The defendant and the female walked back towards the complainant. The defendant tried to grab the complainant’s mobile phone, but the complainant put it in his pocket. The defendant then punched the complainant to the right-hand side of his head, causing his prescription glasses to break and the complainant to fall to the ground.
As the complainant was on the ground, the defendant punched him to the back of the head a number of times. Some of the members of the defendant’s group pulled him away from the complainant. The defendant approached the complainant again and punched him to the back of the head.
The defendant was pulled away again and the complainant stood up. The defendant approached the complainant yet again and punched him approximately five times to the head. The last of these punches made contact with the complainant’s left eye and the force caused him to fall to the ground again in pain.
The complainant presented to the Royal Hobart Hospital with bruising and swelling to his left eye, pain to the left side of his jaw, a graze to his right knee and grazes to both elbows. A CT scan revealed fractures of the left orbital floor and medial wall. There was herniation of the medial rectus muscle, meaning one of the muscles which controls movement of the eye was caught within the fracture site. The complainant underwent surgical repair of the orbital floor fracture using a graft from his left hip on 8 March 2023. The medical evidence indicates that his injury places the complainant at an increased risk of retinal detachment and glaucoma in the long term.
I have been read a victim impact statement made by the complainant. This assault has had a devastating impact on his life. He has suffered physically, emotionally, and financially. He has had one surgical procedure and many outpatient appointments with the eye clinic, the maxillofacial clinic and the concussion clinic. His hip bone is still numb and aching from the graft. His left eye drifts outward, so his eyes do not align and he has double vision. He has to wait for six months to see if things settle and he can get new glasses. He does not feel like the person he used to be, and this makes him feel angry, anxious and depressed. His employment has been impacted. He had to take several weeks off work and his double vision impacts his ability to do his job in the way he used to.
The defendant is now 21 years of age, and currently resides with his parents. He is employed as a full-time plasterer. He has no history of violence. He was intoxicated at the time, which might explain why he was uncharacteristically violent towards the complainant. He has pleaded guilty at the earliest practicable opportunity. As further evidence of remorse I note that he prepared a letter of apology to the complainant in April this year, and he has also paid to the Court $1,201.00 compensation, as ordered.
In all of the circumstances including his age, his remorse and his lack of relevant prior convictions, the defendant is convicted and sentenced to nine months’ imprisonment, which sentence I wholly suspend on condition that he commit no offence punishable by imprisonment for a period of two years.
In addition, I make a community correction order with an operational period of two years. A condition of that order will be that during the operational period of the order, he completes 98 hours of community service. The defendant is to report to Community Corrections within 24 hours, that will be by close of business on Monday, and not necessarily in person, it may be by telephone, and advise them of the making of this order, in particular the community service hours ordered.