Suspended sentence for jaw-breaker

A MAN who broke his elderly neighbour’s jaw with one punch in an unprovoked attack has received an eightmonth suspended sentence in the Supreme Court in Hobart.

On June 4, 2015, Dale Reginald Loone, 32 at the time, punched his then 72-year-old neighbour as he approached Loone and his children who were outside their house in Adelphi Rd, Claremont.

The court heard that on the morning of the incident, police had came to Loone’s home in response to a suggestion of domestic violence and he believed his neighbour was responsible for their presence.

The punch broke the man’s jaw and the victim required surgery to repair a fracture to the right side and had small plates and pins inserted.

He was a carer for his wife and son and consequently had to make emergency arrangements for their care.

A pre-sentencing report revealed Loone, a disability support pensioner, had become the sole caregiver to his four children after their mother passed away suddenly in December, 2013. The court heard he suffered Post Traumatic Stress Disorder because of this.

Justice Shan Tennent said while it appeared Loone regretted his actions immediately, it also appeared he blamed his victim for what occurred.

“The crime you committed was serious in that it was in effect an unprovoked attack on an elderly man, 40 years your senior,” she said.

“The consequences could have been far more severe than they were and you are fortunate they were not.”

Justice Tennent said the crime required a sentence that would act as a deterrent to show unprovoked violence was not acceptable in the community.

“An immediate custodial sentence would be warranted, however, your personal circumstances, in particular your role as primary carer for your children, suggest an immediate custodial sentence is not appropriate,” she said.

Justice Tennent sentenced Loone to eight months in jail, wholly suspended on the condition he not commit any offence punishable by imprisonment in the next two years.

Loone will be the subject of a probation order for 12 months, with a condition he complete an aggression program.