A Riverside man who left his brother-in-law eating through a tube in hospital following a violent assault has escaped a prison sentence, but will have 12 months' jail hanging over his head.
Luke Franz Bezemer appeared for sentence in the Launceston Supreme Court on Monday after pleading guilty to the assault.
Elements of a victim impact statement shared with the court by Justice Stephen Estcourt AM detailed how the physical damage received from the assault was "horrifying" and the "worst pain [the victim] had ever endured".
Bezemer and his brother-in-law, Clinton Shields, had not been speaking for more than a year before they were forced to come face-to-face with each other at a family wedding in early February.
The court heard Mr Shields had months earlier had elective surgery to realign his jaw, a fact Bezemer was aware of.
After the wedding Bezemer told Mr Shields they needed to "have a beer in the shed" to work things out between them.
The court heard Bezemer was "convinced they could have a beer and could work things out".
When Mr Shields declined the invitation, Bezemer turned up at his house shortly after the wedding finished. He was not aware, but his 12-year-old niece - Mr Shields' daughter - was home and was watching what would shortly happen between the pair on CCTV.
After it was established there would be no beer shared between the two Bezemer told Mr Shields he "needed to pull his head in" and not to "stand there smirking at me".
Mr Shields told Bezemer he was not smirking, but that was how his faced looked following jaw surgery.
Bezemer then grabbed Mr Shields by the shirt and punched him in the jaw, pushed him up against a car, and punched him in the jaw again.
READ MORE: Visa holders set to return from December
Justice Estcourt described how the assault had left Mr Shields' jaw "swinging loose", how he could not speak or eat for four weeks following the assault, spent two weeks in hospital and lost 16 kilograms in one week when the only way he could consume food was through a tube connected to his nose.
The court heard Bezemer's consumption of alcohol had made him unable to rationally deal with the situation.
Despite the aggravating factors - that the assault occurred on Mr Shields' property, and that his daughter was watching it on CCTV - Justice Estcourt said an immediate custodial imposition was not required.
Instead, he handed Bezemer a 12-month suspended sentence and 175 hours of community service.
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
