Man who attacked ex-wife loses appeal bid

A Tasmanian man who launched an ‘explosive’ attack on his ex-wife, throttling her and pulling her across the room by her hair, has failed an appeal bid to reduce his sentence.

Ex-wife attacker Marcus Hardwick has lost his bid to reduce his prison sentence.

AN estranged husband who smashed through the glass doors of his ex-wife’s home and throttled her, biting his son as he defended her, has lost his bid for a shorter prison sentence.

Marcus Raymond Hardwick was jailed for a minimum of one year last December for the “unexpected, explosive and unexplained” attack.

The Court of Criminal Appeal heard he chased his family – who had barricaded themselves in a bedroom – and squeezed his former wife’s neck, punched her head and face, and pulled her across the room by her hair, causing chunks to fall out.

Hardwick’s 18-year-old son managed to restrain him, struggling against his father even after he put the youth in a headlock and bit his wrist.

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Hardwick finally ran from the house, drove away, and crashed into a telegraph pole.

He later pleaded guilty to aggravated burglary, assault and common assault.

He was jailed for two years and six months, with the last 12 months suspended, plus a non-parole period of one year.

But Hardwick appealed against his sentence, claiming it was “manifestly excessive”.

His lawyer also argued sentencing judge Michael Brett had made a mistake by not putting enough weight on a probation officer’s report that concluded Hardwick was contrite, presented a low risk for future family violence, and had been changed by the “sobering experience of custody”.

He also argued Justice Brett put too much weight on victim impact statements submitted by the family members, and too much emphasis on the act of choking in the absence of medical evidence.

But in dismissing the appeal, Acting Justice Ross Martin said Justice Brett had sentenced Hardwick “mercifully”.

Justice Robert Pearce added the sentence balanced the need for punishment, vindicated Hardwick’s victims, recognised the harm done to them, and sent a “strong message to perpetrators of domestic violence that harsh punishment will be the result”.