Harley George McKenzie sentenced to six months in prison for assault on stranger in Franklin Square

“Find a way to constructively spend your time” was the advice of a Supreme Court judge to a young father sentenced for assaulting a stranger in Hobart’s Franklin Square. SEE HIS PUNISHMENT >>

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A YOUNG dad sentenced for assaulting a stranger in Hobart’s Franklin Square has been warned by a Supreme Court judge to “expect to spend more time in prison” if he does not change his ways.

Harley George McKenzie, 20, pleaded guilty to assault and was sentenced by Justice Gregory Geason in the Supreme Court of Tasmania in Hobart on Friday.

The court heard on January 11, 2020, the victim was with his girlfriend in Franklin Square waiting for a bus.

McKenzie was also in the area with a group of people when a verbal altercation broke out and McKenzie went over and stood over the victim before punching and kicking him in the head, which continued while he was on the ground.

Harley George McKenzie. Photo: FACEBOOK

A security guard who was in the area called out to McKenzie who then ran off.

The entire incident was caught on CCTV and was also recorded by a bystander.

The court heard, during his first police interview, McKenzie denied involvement in the assault or that he was even in Franklin Square at the time.

He was shown the CCTV footage and told police “I don’t know who that f...ing is – whoever did it is pretty low.”

The victim was taken to hospital with injuries including swelling around the jaw, double vision and he needed a plaster case applied to his wrist.

Justice Geason said the victim impact statement showed McKenzie’s conduct had played a role in the man leaving his apprenticeship, his relationship breaking down and him moving to another part of the state.

Supreme Court of Tasmania Justice Gregory Geason

He described the offending as “an unprovoked attack on someone you didn’t know.”

Justice Geason said McKenzie was a father and had come from a disadvantaged background, as well as suffering from bipolar, ADHD, anxiety and he had a history of daily drug use.

He said he accepted McKenzie was remorseful, which was evidenced from his guilty plea and an apology letter to his victim.

Justice Geason said as he was a young offender, rehabilitation should be the “primary focus” of the sentence, but he would not go unpunished.

McKenzie was sentenced to six months in prison, but four months was suspended on condition he not commit another crime punishable by imprisonment for three years.

“Your victim has endured unnecessary suffering because of your actions,” Justice Geason told McKenzie.

“You can expect to spend more time in prison if you do not change your conduct and find a way to constructively spend your time.

“I urge you to reflect on your behaviour and take active steps to set yourself up for some sort of future.”