A young Tasmanian man who bit off part of a fellow prisoner’s ear and caused $405,000 worth of damage in an arson attack has been spared more time behind bars.
Marcos Phillip James Boorman, 20, was recently sentenced in the Supreme Court.
Chief Justice Chris Shanahan handed down an 18-month home detention order and a separate community corrections order for the October 2024 assault on inmate Hayden Larner at Risdon Prison.
The court heard Boorman lured Larner into the prison yard by pretending to offer a handshake before headbutting him and launching a 75-second assault captured on CCTV.
He punched Larner repeatedly, put him in a headlock and bit off a 1.5cm piece of his ear before stomping on his head as he lay on the ground.
“You said that you did not think it was a conscious decision to bite the complainant’s ear,” Chief Justice Shanahan said.
“When you stomped on the complainant’s head, you accepted that the purpose of stomping on his head was to cause more injury.”
In a police interview, Boorman admitted the attack was deliberate, saying it stemmed from a long-running dispute in which he believed Larner had threatened his mother and damaged property.
“Aside from the ‘Why the f–k did I just bite someone’s ear off’, relief, I guess, because of all the s–t that had f–king gone on between us,” he told police.
Larner’s ear became infected, leaving him permanently disfigured. The court heard the attack had also taken a toll on his mental and physical health.
For a separate arson charge, Boorman received a two-year sentence backdated to May, with most of it suspended.
In that incident, he set fire to a Glenorchy public housing unit in April 2024 while searching for his stolen bike.
The blaze took 90 minutes to extinguish and injured a firefighter who fell through the floor.
Chief Justice Shanahan said the decision to avoid further imprisonment took into account Boorman’s diagnosed Asperger’s syndrome, bipolar disorder, depression and anxiety.
“If I did not make a home detention order in respect of your offending in this matter, I would have sentenced you to a term of imprisonment in relation to these offences,” he said.
“And whilst I have proceeded in the manner indicated, I have done so with some significant reservations.”
The court heard Boorman had been engaging with a psychologist since January and completed a 10-week residential drug treatment program after using 1.5 grams of methylamphetamine daily.
Under the home detention order, Boorman must remain at his home except between 9am and 5pm Monday to Thursday, submit to electronic monitoring and attend drug treatment and psychological assessment.
“Your future is now in your own hands,” Chief Justice Shanahan warned.
“If you have occasion to come before this court again you are unlikely to have the same opportunity to pursue rehabilitation outside of the prison system.”
