Lachlan Hobson: Darwin ADF soldier staring down barrel of actual imprisonment
Opposing counsel have clashed in the Supreme Court at Darwin over whether a young soldier who engaged in an almost three-minute nightclub bashing was remorseful for his actions.
Police & Courts
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A young Northern Territory soldier found guilty by a jury of being the aggressor in a prolonged nightclub bashing that lasted for nearly three minutes is likely to receive a partially suspended sentence, a judge has told a court.
Former Australian Defence Force member Lachlan Hobson, 22, appeared in the Supreme Court at Darwin on Tuesday for submissions ahead of his sentence on December 3.
Last month, a jury found Hobson guilty of unlawfully causing serious harm and aggravated assault, both of which occurred at Mayberry nightclub on January 15 last year involving separate victims.
The more serious assault, which lasted for two minutes and 47 seconds, saw a man’s jaw shattered after he refused to shake Hobson’s hand in the dimly lit club.
Hobson had claimed he was acting in self-defence, alleging threats directed his way, but this was not accepted by the jury.
He was remanded in custody after the jury delivered its verdict.
On Tuesday, defence counsel Matthew Hubber told the court his client had already suffered life-altering consequences before even considering the time he would spend in jail.
“He had a very bright future in the military, had made real progress through the military,” Mr Hubber said.
His client was a member of a “sought after” reconnaissance platoon, but was busted to work within the Regional Sergeant Major’s work party, which was “about the lowest demotion one could receive for someone in my client’s position,” Mr Hubber added.
Prior to his remand, Hobson had quit Darwin and his Australian Army Career in order to be closer to family in Brisbane.
“He had a very promising career that’s no longer there as an option for him,” Mr Hubber said. “It’s been devastating for him.”
Mr Hubber tendered four character references on behalf of Hobson, several of which attested to his client’s remorse for his actions.
However, this was refuted by Crown prosecutor Camille McKay, who submitted Hobson “didn’t believe he’d done anything wrong that night,” citing his not guilty plea and evidence given at the trial where he told the jury he was simply protecting his mate, co-defendant Nicholas Mocerino.
“It wasn’t a heat of the moment decision, it was considered, persistent.”
In rebuttal, Mr Hubber further submitted pleading not guilty and feeling remorse were not mutually exclusive.
Justice Meredith Day Huntingford indicated she was likely to give Hobson a partially suspended sentence (he is subject to a mandatory minimum sentence of three months’ imprisonment under NT law).
Co-defendant Mocerino, who was also a member of the Australian Defence Force at the time of the offence, previously pleaded guilty to a single count of negligently causing serious harm.
He was sentenced to two years and eight months’ imprisonment, suspended after eight months on condition of Mocerino being of good behaviour for two years.
Mocerino’s sentence is the subject of an appeal, which will be heard on November 26.