Brett Fenton: New Norfolk man’s cancer blow from behind bars

A young Tasmanian dad locked up since November awaiting sentence in the Supreme Court has received a cancer blow, news that has conversely delayed, not hastened, the case’s outcome.

New Norfolk man Brett Raymond Fenton, 32. Picture: Facebook

A young Tasmanian dad locked up since November as he awaits his sentence in the Supreme Court has learnt he has cancer in his body, news that has conversely delayed, not hastened, the sentencing hearing.

New Norfolk man Brett Raymond Fenton, 32, previously pleaded guilty to five charges.

They included dangerous driving, driving while disqualified, driving while exceeding the prescribed alcohol limit and with a prescribed illicit drug in his blood, and drink driving while unlicensed.

All offences were committed at New Norfolk on June 27, 2020. The facts of Fenton’s offending have not yet been put on the public record.

Following his plea of guilty on November 9 last year, Fenton was remanded in pre-sentence custody.

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He was to be sentenced by Justice Michael Brett, who was sitting in the Launceston Magistrates Court, on Tuesday, but news about Fenton’s worsening health meant additional reports into his condition needed to be commissioned.

Defence counsel Philippa Willshire told the court that subsequent to Fenton’s last mention on December 6 last year, he “received some medical news that spots on his stomach and liver were cancerous”.

“A custodial sentence might be more onerous,” she said.

“Mr Fenton’s health and treatment is unknown and (it is a matter of whether) the prison service can be expected to meet best practice for Mr Fenton.”

Ms Willshire told the court she has been attempting to source a “private oncologist” to review Fenton’s medical records and also meet with his treating team at the Royal Hobart Hospital, but had “hit some barriers due to the Christmas break”.

As she would seek to rely on the reports in arguing her case for a more lenient sentence, she requested a six-week adjournment for Fenton’s sentence.

Justice Brett agreed with the proposed course of action, which was not opposed by the Crown.

“I’m aware of the type of information that wants to be presented,” he said.

“It would be beneficial for the state to have medical reports, rather than having to rely on (Fenton’s) affidavit.”

Justice Brett noted that Fenton was “effectively serving his sentence as we speak” and that there was “no question” any sentence imposed by the court would be backdated to the day he was remanded.

Fenton will be sentenced on February 21, provided the reports are obtained by that day.

Originally published as Brett Fenton: New Norfolk man’s cancer blow from behind bars