A man who fractured another man’s wrist by hurling a rock at him after being caught spray-painting a Burnie building has avoided jail.
Jakob Warwick Wegert, 25, pleaded guilty to assault over the November 2023 incident in South Burnie.
In the Supreme Court, Chief Justice Chris Shanahan sentenced Wegert to nine months in prison, wholly suspended for 18 months, warning him the order was his opportunity to turn his life around before becoming a father.
The court heard Trent Aitken spotted Wegert and another man spray-painting the AWM Electrical and Cables Plus building on November 7, 2023.
Aitken called police and approached the pair while recording on his phone.
Wegert tried to spray Aitken with paint, then threw the can at him and attempted to punch him.
He began throwing small rocks before picking up a larger rock and hurling it at Aitken.
The rock struck Aitken’s left wrist, fracturing it.
“Yeah, I threw a rock at him, hit him in the arm and f–k that c–t, man, should’ve left me alone,” Wegert told police at the scene.
Aitken required hospital treatment and about 12 weeks of physiotherapy. The court heard he may never regain full movement in his hand.
Wegert has prior convictions for assault occasioning grievous bodily harm as a youth and assaulting police officers as an adult.
He has spent 32% of his adult life in custody, the court heard.
Wegert had a disrupted childhood, was homeless from the age of 14 and has significant substance abuse issues, including methamphetamine, cannabis and alcohol.
He was assessed as unsuitable for home detention or community service.
Chief Justice Shanahan suspended the nine-month sentence for 18 months, conditional on Wegert completing a community correction order including drug and alcohol treatment programs.
“You represent a risk to the public unless you deal with your personal issues around your use of methamphetamine, cannabis and alcohol,” Chief Justice Shanahan said.
“I understand that you are about to become a father and it is entirely a matter for you whether you now commit to turning your life around, but the orders that I have made seek to give you that opportunity.”
