26 May 2015

Sentence increased for 'glassing'

The Court of Appeal has allowed a Director's appeal against a sentence handed down for a 'glassing' offence, doubling the jail term for recklessly causing serious injury (RCSI)  from 18 months to three years and six months.

Warren Dix was re-sentenced to a total of four years and two months' imprisonment for one charge of RCSI (glassing) and one of Intentionally Causing Serious Injury (punching), with a non-parole period of two years and four months.

The Director of Public Prosecutions John Champion S.C. had appealed the initial County Court sentence of two years imprisonment, with a non-parole period of 14 months.

The Court of Appeal said the attack which occurred in an Essendon bar around 3 am on 8 February 2014 was unprovoked. The glassing victim suffered severe fracturing of his lower left eye socket which required extensive surgery and insertion of a metal plate to hold the bones together.

The Court of Appeal said Dix had committed similar violent offences, in similar circumstances 16 months earlier, and had been sentenced to eight months in prison, of which four months was suspended at the time of the second offending.

"On the plea in the present matter, the prosecutor submitted that the two episodes of violent offending were 'strikingly similar'. That was an accurate description, in our opinion, as both episodes involved alcohol-fuelled violence;  a nightclub setting;  an unprovoked and vicious attacks on complete strangers," the Court of Appeal said in its judgment.

The Court said specific deterrence was a sentencing factor of great importance, given Dix had served four months' imprisonment for the first attack and, knowing he was the subject of a suspended sentence, engaged in similar, violent conduct such a short time later.

Read the full judgment here.
 

For further information contact:

Lisa Walker

03 9603 7493
0400 494 962