Glassing case appeal

Woman to get more severe sentence over disfiguring attack

A BELLERIVE woman who attacked another woman, leaving her blind in one eye and disfigured for life, will receive a more severe sentence following an appeal brought by prosecutors.

The Director of Public Prosecutions appealed against the sentence Emilia Olive Harwood, 23, received for causing grievous bodily harm to Liv Knapek by striking her to the face with a glass at a barbecue in September 2017.

A jury found Harwood guilty of the crime after a trial last year and she was sentenced in December to 12 months’ jail with the last nine months suspended for three years.

Harwood was also ordered to complete 80 hours of community service.

Deputy Director of Public Prosecutions Linda Mason, SC, told the Court of Criminal Appeal in Hobart yesterday that while a period of suspension “was always going to be a good idea” in this case, the head sentence ought to have been higher.

“Taking into account all the factors, the head sentence does not reflect the gravity of the crime,” Ms Mason said.

The attack left Ms Knapek blind in one eye and disfigured for life, which Ms Mason said “significantly affected” Ms Knapek’s employment prospects.

“She has a constant reminder every day by virtue of the disfigurement and the loss of her eye,” Ms Mason said.

Ms Mason said Ms Knapek continued to be socially withdrawn and isolated.

“She’s very much still struggling with the consequences of this crime,” she said.

“She has a prosthetic eye and is struggling to use it in her day-to-day life, and the future plans she had she is no longer pursuing.” Ms Mason said while it was accepted Harwood was “horrified at the consequences” of the crime, “she never took responsibility her actions”.

Ms Mason also argued for the court to find the attack on for Ms Knapek involved punches delivered after she was struck with the glass, which she said was an aggravating factor.

Harwood’s barrister Kate Cuthbertson urged the court not to interfere with the sentence Harwood received.

Ms Cuthbertson said it was not a prolonged attack.

She also said Harwood had already completed her community service order.

The Court of Criminal Appeal has reserved its full decision, but Justice Robert Pearce said the court was of the opinion a more severe sentence should be imposed and Harwood would be re-sentenced.

Justice Pearce said the new sentence, when handed down, would not require Harwood to serve a further term of actual imprisonment.

Outside the court, Ms Knapek’s father, Robert Knapek, said his daughter would suffer for the rest of her life.

“It should never have happened,” Mr Knapek said.

“She [Harwood] will be able to get on with her life, meanwhile our daughter slowly diminishes … Nobody at all could even try to imagine what Liv is going through.”

Mr Knapek said his whole family was “feeling the pain” of his daughter’s situation.

Mr Knapek and his wife Maria said they hoped the appeal would lead to a finding that the attack on their daughter was brutal and continued after the glassing.

“The severity of the crime wasn’t really reflected in the initial court case,” Mr Knapek said.

“The main thing is to get the brutality and the continued attack out there.”