Robert James Clarke given suspended sentence for assault on former friend

A man who bashed his former friend because he believed he knew something about a fire that destroyed his home has been sentenced. The latest from court.

Burnie Supreme and Magisterial Courts

A man who bashed his former friend has avoided jail time.

Robert James Clarke was given a suspended sentence for one count of criminal code assault and an offence of destroying property.

Clarke was sentenced by Justice Tamara Jago in the Supreme Court in Burnie to six months jail, which was wholly suspended on the basis that he does not commit another offence publishable for three months.

Justice Jago said Mr Clarke’s friendship with Daniel Axton ended after his home burnt down in October 2019.

Clarke believed that “Mr Axton knew something about the fire” and “held a grudge against him”.

Supreme Court Justice Tamara Jago. Picture: Supplied.

On May 21, 2021, the pair were both at the Top Pub at Rosebery.

Justice Jago said they had no confrontation, but Clarke stared at Mr Axton while at the pub.

Mr Axton left the pub, and Clarke followed him in his car.

Clarke eventually pulled over, got out, and hurled abuse at Mr Axton.

“Mr Axton began to walk away, and you stuck him from behind to the back of the head and then pushed him to his side as he fell to the ground,” Justice Jago said.

“You proceeded to punch him a number of times to his head and face area whilst he was lying vulnerable on the ground.”

Justice Jago said Clarke also grabbed his phone and smashed it onto the ground.

“I am satisfied that your attack upon Mr Axton occurred because you were unable to exercise control.

“Whilst I am unable to confirm the assault was premeditated, it is aggravating that you followed Mr Axton from the hotel and put yourself in a position whereby the confrontation occurred.

“Your assault upon Mr Axton was, in my view, completely unjustified.”

Justice Jago ordered that Clarke compensate Mr Axton $300 for breaking his phone.