Mercury (Hobart)

Letterbox-wielding attacker appeals sentence

- JESSICA HOWARD

A LETTERBOX- wiel di ng man who launched an unprovoked attack on a stranger has appealed his sentence of 10 years in jail as being “manifestly excessive”.

Joel Matthew Maddox, 21, of New Norfolk, pleaded guilty in the Supreme Court last year to committing an unlawful act intended to cause bodily harm following the random attack on 48-year-old Keith Hatton on the night of December 14, 2015.

After consuming 16 stubbies and, by his own admission, being “10 out of 10 drunk”, Maddox left a house with his friends about midnight headed for another residence.

Their route passed Mr Hatton’s home, and outside Maddox began tearing wooden palings off the fence and throwing them through the victim’s window. Mr Hatton went to investigat­e and was confronted by Maddox wielding a letterbox held by its metal pole. Maddox struck Mr Hatton to the head with the weapon, causing him to fall down, then continued striking him at least 10 times.

After being taken by ambulance to the Royal Hobart Hospital, Mr Hatton was diagnosed with a lacerated forehead, scalp and cheek, a haematoma of the brain, two broken denture plates, and a ruptured eye that had to be removed. The court heard Mr Hatton would require lifelong residentia­l care.

Justice Stephen Estcourt had sentenced Maddox to 10 years in prison, ordering he serve at least half before being eligible for parole.

In the Court of Criminal Appeal before Chief Justice Alan Blow, Justice Helen Wood and Acting Justice Pierre Slicer yesterday, Maddox’s lawyer Michelle Mainwaring said that sentence was excessive and while the crime called for a considerab­le sentence, previous crimes of a similar nature had received at most seven years’ imprisonme­nt.

She said a psychologi­cal report had found Maddox was less able to see the likely outcome of his actions “in the moment”.

Chief Justice Blow said “you would have to be of pretty low intelligen­ce to not know that clobbering someone repeatedly with a letterbox, even after they were unconsciou­s, was likely to do a lot of harm.”

Appearing for the Crown, Jackie Hartnett said this was a crime that warranted a heavy sentence.

“He received a life sentence of pain and misery, as did his family having to watch him in this state,” she said. The court reserved its decision.

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