A homeless man who bashed a Launceston cafe proprietor with a fire extinguisher will be free to walk out of jail after serving nine weeks of a six-month sentence.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Steele Leslie Ward, 25, pleaded guilty to assaulting Green Bean Cafe owner Paul Giddins in broad daylight on June 10.
Acting Justice Brian Martin imposed a six-month jail sentence but suspended all but nine weeks.
He gave Ward a dressing down about his behaviour saying that he had spouted a lot of nonsense to police.
READ MORE: Tasmania sends Victorians back to mainland
The Supreme Court heard last week that Ward arrived in Tasmania from Adelaide in January and had been living in his car.
However, after evading police on June 4 his car was clamped and he lived on the streets.
Ward was lying on a couch in the foyer outside the Green Bean Cafe in Cimitiere Street when Mr Giddins approached him and advised that he could not sleep there.
Mr Giddins approached him again and offered him something to eat or drink and advised that he could not sleep there.
"I am not asleep leave me alone," Ward yelled.
Mr Giddins was looking for a phone number for police because of Ward's aggression when he noticed him walk into the cafe.
Ward grabbed a fire extinguisher from the wall and approached Mr Giddins, firing a gust of powder at him.
He then held it at eye level and sprayed it into his face instantly blinding him, Ms Slevin said.
"He struck the complainant to the side of the head causing him to fall to the floor," she said.
"The accused kicked him to the ribs a couple of times."
Mr Giddins was taken to the Launceston General Hospital suffering chest pain and a headache.
He suffered an intracranial fracture of the eye socket and multiple rib fractures and bruising around the chest.
Ward was arrested the next day at Launceston's Royal Park.
In a police interview, he said he was sitting at the cafe when someone came over and said he couldn't sleep there.
He said he asked for coffee because he had money.
"The person I hit was being a wanker," he told police.
He said he was not asleep but just had his eyes shut. He was going to change dressings on his feet because of blisters and had his boots off.
When Mr Giddins approached a second time he told him he still hadn't brought him coffee.
"Police asked how he felt about the incident," Ms Slevin said.
"He said he felt pretty bad, but said maybe the complainant did not like homeless people and that he was being discriminated against," Ms Slevin said.
Ward told police that the complainant had another go and walked into the extinguisher "so I hit him with the fire extinguisher".
He laughed saying: "What was he [the complainant] thinking".
He said he gave him a kick up the arse and then ran away.
"I still didn't get my coffee," he told police.
Ms Slevin said police asked him what his intention was.
"To spray him in the face a bit," he said.
"Why?" police asked.
READ MORE: P-plater caught driving at 186km/h
"It was better than breaking his arms or legs or stabbing him," he said.
When police asked if that had crossed his mind he nodded and mumbled in the affirmative.
He told police he did not feel threatened by Mr Giddins.
He was asked how he felt about the incident.
"Maybe I should have stolen money, food and made my own coffee and maybe actually hurt him," Ward replied.
Acting Justice Martin said the Green Cafe proprietor was a person who regularly provided cooked meals and coffee to homeless people.
"You assaulted a person who goes out of his way to help people like you," he said.
He said that Ward's response to police questions illuminated his attitude.
"You frankly spouted a lot of nonsense," he said.
"You attempted to blame the victim who was entirely blameless, all he was doing was to try and help.
"You even suggested that the victim did not like homeless people and was discriminating against you.
"Typical of your attitude was that you said it was pretty silly of the victim to stand in front of you.
"I reject your claims about the conduct of the victim.
"He did nothing and said nothing on the day to aggravate you.
"What you need to understand is that you had no excuse for your behaviour and you caused significant damage to the victim."
Acting Justice Brian Martin said Mr Giddins suffered fractured cheekbone and ribs.
"The victim suffered severe effects from your conduct, it is not only physical but mental trauma," he said.
"A Victim Impact Statement shows that your behaviour has affected his life."
Acting Justice Martin said that Ward had been irrational in his responses to police and his behaviour.
He ordered that Ward be placed on a 12-month Community Correction Order.
"If you are released without support you are at significant risk of reoffending in a similar way," he said.
"I think that is the best way to protect the public and put you on a path to mental stability."
He said that if Ward had not pleaded not guilty he would have been sentenced to nine months jail.
He said that it must be remembered that Ward was a first time offender.
"You have now spent eight weeks in jail and hopefully that will be sufficient deterrent in the future," he said.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark www.examiner.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter: @examineronline
- Follow us on Instagram: @examineronline
- Follow us on Google News: The Examiner