A MAN who kicked an elderly stranger in the face has walked free from court after a judge ruled the three months he had already spent in custody was an adequate sentence.
Luke Ashley Woods, 26, of Devonport, had earlier pleaded guilty to assaulting the 72-year-old man.
Supreme Court Justice David Porter said Woods approached the victim at the Rosny bus mall, on Hobart's Eastern Shore, about 5pm on July 17, 2010, and called him a "f...ing wog, dirty dog, paedophile".
As the man tried to call police, Woods kicked him in the face. When he fell to the ground, Woods kicked him another four or five times.
The attack caused a spinal injury from which the victim had not yet recovered, the judge said.
Woods was spoken to by police soon after the incident but failed to appear at court. He was arrested in Devonport in August.
Justice Porter said Woods had suffered a difficult life because of his mother's drug addiction and had developed his own drug problem.
He also suffered from psychiatric difficulties but was remorseful and did not have a criminal record.
"The assault was a quite brutal one, unprovoked and unjustified," the judge said.
"It has caused ongoing symptoms of some significance to the complainant. Notwithstanding the lack of prior convictions, a term of imprisonment is appropriate."
Justice Porter imposed a seven-month jail sentence, but suspended the rest of the term on the condition Wood did not commit an offence punishable by imprisonment for the next two years.
david.killick@news.com.au
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