Glasser gets tougher penalty but still free

SATURDAY, AUGUST 31, 2019 themercury.com.au SUBSCRIPTIONS 1300 696 397 A BELLERIVE woman who attacked another woman, leaving her blind in one eye and disfigured for life, has had her sentence increased but will not have to spend more time behind bars.

Emilia Olive Harwood, 23, was found guilty of causing grievous bodily harm to Liv Knapek by striking her to the face with a glass at a barbecue in September 2017.

Harwood was sentenced in December to 12 months’ jail with the last nine months suspended for three years.

The Court of Criminal Appeal yesterday set aside that sentence and sentenced Harwood to 2½ years’ jail from May 30, the balance of which is suspended for two years from yesterday.

Harwood was also ordered to do 80 hours of community service, but the judges said she had already fulfilled that requirement. She remains subject to a 12-month probation order.

In their reasons, Justice Robert Pearce, Justice Michael Brett and Acting Justice David Porter said when considering the circumstances of the case and statistical information relating to other similar crimes, “it is apparent that the sentence imposed by the learned trial judge is manifestly inadequate … particularly having regard to the objective seriousness of the crime and the terrible consequences suffered by the victim”.

The attack left Ms Knapek blind in one eye and disfigured for life.

During the appeal hearing in June, Deputy Director of Public Prosecutions Linda Mason, SC, told the court while a period of suspension of the jail sentence “was always going to be a good idea”, the head sentence did not reflect the gravity of the crime.

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

Ms Mason also said Ms Knapek had become socially withdrawn and isolated and was “very much still struggling with the consequences of this crime”.

The Court of Criminal Appeal judges said the sentencing judge accepted Harwood’s rehabilitation was a significant sentencing consideration, and that Harwood, despite pleading not guilty, was remorseful.