STATE OF TASMANIA v CALEB IRWIN 15 MAY 2026
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Caleb Irwin who was aged 21 years old at the time of the offending, has pleaded guilty to a count of assault, contrary to section 184 of the Criminal Code.
The complainant is Tyson McKenzie. He was 20 years of age at the time of the offending and he and the defendant were acquaintances, known to one another through mutual friends. The complainant had been in a casual relationship with the defendant’s ex-partner. The defendant believed that she had cheated on him during their relationship, with the complainant.
On the evening of 24 August 2024, the defendant and complainant were both in attendance at a live music event at Altar Nightclub in Hobart. The complainant arrived at approximately 7.30pm. He was in the company of his friend, and his friend’s girlfriend.
At a point during the evening, the complainant was in the smoking area outside. He was sitting next to a group of the defendant’s friends. The defendant came outside, walked up to his friends, slammed a glass on the table and said “No, I am fucking pissed man. I am angry” and then walked away. The complainant believed the defendant wanted to know that he was angry. The complainant believed that this was because the defendant knew that he had slept with his ex-partner.
At approximately 10.30pm, the complainant and defendant were both in the ‘mosh pit’. The defendant approached the complainant and punched him once, to the stomach, using a force of about four or five out of ten. The complainant did not consider it to be an accident but ignored it and continued to dance. A brief time later he felt like he was being hit in the back with what felt like an elbow. He believed that the defendant was doing this because when he turned around he saw the defendant weaving back through the crowd. This happened three times. Eventually, the complainant confronted the defendant and told him to stop and asked why he was doing it. The defendant did not say anything in response. He then punched the complainant to the jaw using his right hand in a closed fist using an eight out of ten force.
The complainant put his hands up to defend himself and started walking backwards. The defendant continued to swing at him; he punched the complainant three more times to the face using a closed fist using, with both his left and right hands. The punches had as much force as the initial two punches. The complainant fell to the ground and the defendant was on top of him.
The defendant’s friend came up behind the defendant, wrapped his arms around him and attempted to pull him off the complainant. In the process of doing so, the friend fell to the ground, landing on top of the defendant. The complainant was able to get up off the floor and get away. The defendant managed to get free from his friend and re-approached the complainant. He punched the complainant to the face a further two times, using a closed fist and a similar amount of force – they connected with the complainant’s right eyebrow and lip. The complainant threw two punches at the defendant, which connected.
The defendant’s friend managed to get in between the defendant and complainant and pushed the defendant away. He told the defendant to stop and to “fuck off”. The defendant moved away, back into the crowd.
The complainant went to the bar to get a glass of water and was observed to have blood all over his face. Security was advised of the incident and the defendant was located and removed from the night club.
Paramedics attended the complainant and determined he had sustained a concussion. The manager of the night club drove the complainant to the Royal Hobart Hospital. He underwent an x-ray and CT scan, which confirmed that he had two fractures to his jaw and a broken nose; he also had a split eyebrow and lip. He required surgery for the fractures to his jaw and nose.
The defendant has no prior convictions.
I am informed that he was employed at the time as a forensic mental health assistant at the Wilfred Lopes Centre. He wishes to continue in his employment and pursue nursing. He has a major depressive disorder, and work related post traumatic stress which is referred to in a report of Dr Georgina O’Donnell, with which I have been provided and which I have considered.
His mental health was poor at the time of the offence and he is still affected by mental illness. He regrets his actions and accepts that they were inherently wrong and unjustified. He entered an early plea of guilty.
I have read a victim impact statement prepared by the complainant. He feels on edge all the time when he is out in public so he cannot enjoy being out, and this has impacted and exacerbated his already impaired mental health. He was required to undergo two surgical operations, the second surgery was to remove one of the plates from my mouth which had not healed over.
This was a savage and unprovoked attack visited out of jealousy and malice. It was pursued after the initial assault. But for the defendant’s relatively young age, I would have imposed an immediate sentence of imprisonment.
Taking into account all that has been put to me on his behalf, he is convicted and sentenced to 12 months’ imprisonment, which sentence I wholly suspend on condition that the defendant commit no offence punishable by imprisonment for a period of two years. In addition, I make a community correction order with the operative period of two years. It is a condition of that order that within that period, the defendant complete 210 hours of community service.
I direct that the defendant attend the office of Community Corrections at 1/75 Liverpool Street, Hobart by 4.00pm on Monday, 18 May 2026.