An alcohol-affected man and youth who broke into a Bridgenorth home and assaulted occupants escaped immediate imprisonment when sentenced in the Supreme Court in Launceston.
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Willem Dawkins, 19, and the youth, who cannot be named under the Youth Justice Act, both pleaded guilty to aggravated burglary and three counts of assault.
About 1am on June 2020 the pair broke into a home in Bridgenorth where a man and his two daughters lived.
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Justice Robert Pearce said there were "complicated family reasons" why they were unhappy with a male who was staying at the home.
When they entered the home Mr Dawkins assaulted a woman when she met him at the doorway of the bedroom.
"You pulled her by the arm to get at her boyfriend inside. The force of the pull caused her to hit the hallway wall. That is the first assault," he said.
When the male came out and tried to push Dawkins out of the house Dawkins punched him to the cheek and nose.
When the homeowner emerged after being woken by the noise Dawkins and the youth set upon him.
"You punched his head from behind and knocked him to the ground. You then repeatedly kicked his face and body," Justice Pearce said.
Dawkins repeatedly punched the male to the back of his head and his face when he tried to go to the homeowner's aid.
The homeowner had five teeth dislodged and eight fractured ribs.
"Air was found in the chest wall and in the chest around his lungs. He had other bruising to his ribs, leg, arms and back. He did not require surgery but he spent four days in hospital," Justice Pearce said.
"The psychological impact of home invasions like this can be very significant."
The male suffered bruised eyes and the female had a sore left shoulder, upper arm and bruised shin.
Justice Pearce stopped short of sending the assailants to jail.
"Sending you to prison is likely to expose you to very bad influences," he said.
"It will be much better for everyone if you can get your life back in order and not commit further offences."
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Justice Pearce said the extent of the violence that the youth inflicted on [the homeowner] was very worrying. "The serious injuries he suffered could only have resulted from repeated forceful blows," he said.
He said the nature and extent of the violence the youth was directly responsible for was so serious that a detention order was the only appropriate sentence.
"You are convicted on each count. I impose one sentence. I make a detention order for six months but wholly suspend that order for 12 months from today. I make an order requiring that you perform 42 hours of community service," Justice Pearce said.
Justice Pearce said that Dawkins had a worse criminal record than the youth.
"You committed some very serious driving offences at the end of 2020 as a result of which you were sentenced to prison for four months. You were required to serve one month of that term and you are still subject to a three month suspended sentence," he said.
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He said that Dawkins had found a full time job which had help him meet new people.
"For you, a requirement to complete community service will mean that you will likely lose your job. At the moment it is in the community interest that this does not occur because the chances of your rehabilitation are much greater if you can maintain your employment," Justice Pearce said.
"Willem Dawkins, you are convicted on each count. I impose one sentence. You are sentenced to imprisonment for nine months, wholly suspended for 18 months from today."
Both defendants were required to pay compensation to the homeowner.
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