Stomping sparks more jail time

A PRISONER'S jail time has been extended after he stomped on another man's head following a George Town funeral.

The offence breached a suspended sentence two months before it was due to expire.

Luke Anthony Shaw, 22, pleaded guilty in the Launceston Supreme Court last week to having assaulted the complainant by wrestling with him on the ground and stomping on his head five times.

Shaw was due to be released from jail in February 2014 at the earliest.

However, Justice Robert Pearce convicted Shaw yesterday and activated the suspended part of Shaw's jail term imposed on July 19, 2010.

He sentenced Shaw to six months' jail, due to start in February, with a non-parole period of three months.

On the assault charge, Justice Pearce jailed Shaw for an additional eight months, with a non-parole period of four months. 

Shaw will therefore be eligible for parole in about September 2014.

CCTV captured Shaw participating in a brawl in the bar of the George Town RSL, after the funeral and wake of a local identity on August 1, 2012.

The melee stemmed from animosity between two groups of people who were known to each other.

Three people were charged with offences, including Shaw.

The complainant recovered from his physical injuries, which included bruising around his eyes, swelling to his face and bruising to the back of his head.

The man also suffered from blood in the front of the iris of his right eye.

Justice Pearce said he did not ignore the role of the complainant.

``He returned to the RSL, approached the men and engaged in argument in circumstances he could anticipate may be provocative,'' he said. ``However, the response was violent and brutal. 

``By the time he was assaulted by the defendant the complainant presented no threat. He had already been overcome by the other men. 

``The complainant was out-numbered and when kicked by the defendant he was on the ground . . . and unable to defend himself.

``The potential for catastrophic injury from such blows is obvious.

``Ongoing animosity between the complainant and the defendant's family is no excuse.''

Smartphone
Tablet - Narrow
Tablet - Wide
Desktop