Two men received vastly different sentences when they appeared for sentencing in the Supreme Court in Launceston over a 2020 home invasion.
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Zane Andrew Henderson, now 28, and Jayde Patrick Burling, now 27, were found guilty by a jury of aggravated burglary and assault over an attack in which a Newnham man was struck on the head by a hammer on April 3 2020.
Chief Justice Alan Blow said the two men and a women kicked their way into a Newnham home after some unpleasantness between the home invaders and the household members.
Mr Andrew Leigh Clark was chased by Mr Henderson around the house and struck on the forehead with a hammer that Mr Henderson had picked up at the home.
"The blow with the hammer caused a minor wound and it bled briefly," he said.
Justice Blow said that Mr Clark was an unwilling and uncooperative witness.
He said Burling punched Mr Clark to the back but it did not cause any injury
The court heard that Henderson had a record which included numerous assaults as well as 15 counts of aggravated burglary and stealing.
In December Henderson was sentenced to four years jail for an armed robbery and aggravated armed robbery of two men in which he pointed a silver pistol at them when they were parked in a car.
He said Henderson had a far worse criminal history but the sentence had to be a little lenient because of the lengthy sentence he was presently serving.
But he said to his credit he had committed no offences during a three months period of freedom prior to the armed robbery trial last year.
He sentenced him to five months jail which would be added to the present sentence.
Justice Blow said Burling's role in the crime was far less and his criminal record was substantially less serious.
He said that Burling was not armed with a weapon.
"He had a very minor role in the assault on Mr Clark but also he did not withdraw when Henderson armed himself," Chief Justice Blow said.
He said that the only appropriate sentence was a wholly suspended jail term thereby leaving it up to Burling whether he ended up in jail.
"He was on the brink of going to prison today and if he reoffends over the next two years he can expect to go there," he said.
In October Burling received a wholly suspended three month sentence for assaulting police.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
