Benjamin Frith given suspended jail sentence for fracturing fellow Australian Defence Force member's face

Benjamin Douglas Frith was sentenced in the ACT Supreme Court on Friday to a fully suspended jail term of nine months.

He had previously pleaded guilty to a charge of causing grievous bodily harm.

An agreed statement of facts shows he committed the crime in October 2008, when he and the victim attended a friend's 30th birthday party in Canberra.

Frith and some other guests were invited to sleep over because they had travelled to the party from Sydney.

"While the guests were retiring, some comments were made by the victim which [Frith] found offensive," Justice Michael Elkaim said.

"[Frith] struck the victim on his face about four times. The victim tried to defend himself by raising his hands. He was struck on two more occasions."

The victim suffered multiple injuries, the most significant of which was a fracture of the bony structure surrounding one of his eyes.

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"The victim required surgery which included the insertion of a titanium plate, which was screwed into place," Justice Elkaim said.

While the victim did not provide an impact statement to the court, Justice Elkaim said the man would "probably have a permanent metal insertion into his cheek".

For unknown reasons, a warrant was not issued for Frith's arrest until January 2012.

The warrant was never executed, but Frith became aware of it many years later and handed himself in to the ACT Magistrates Court in December 2021.

As part of his subsequent sentence proceedings, Frith wrote a letter of apology to the Supreme Court.

It detailed his current life, his family and his employment in the Australian Army's special operations command, where Frith believed he would no longer be able to work as a result of his conviction.

"One of the many things that my service in the Army has taught me is extreme accountability and I take full responsibility for my actions," Frith wrote.

"I am truly sorry that I caused an injury to [the victim] at the time of the incident and apologise to the court and all officials that this matter has taken up so much of their time to be resolved.

"In summary, the man before you today is nothing like the younger, impulsive me. I feel I am a more mature, considerate and caring person now as the sum result of all my experiences, my family and self growth. I think about the incident every day and I will forever be ashamed and sorry for my actions."

Five people, including fellow members of the Defence Force, also wrote character references for Frith.

"Clearly the offender has, other than the offence, lived a good and productive life, devoted to his family and his work," Justice Elkaim said.

"I accept that he has expressed remorse for his actions."

Defence lawyer David Healey suggested that Frith be sentenced to a good behaviour order.

Prosecutor Morgan Howe argued a jail term was appropriate in light of the victim's injuries and the need to deter others from similar crimes, but he did not suggest the term should be served behind bars.

He accepted "the significant passage of time since the offending has allowed [Frith] to demonstrate that he is a person of otherwise good character and that he is able to live a law-abiding life".

Justice Elkaim agreed a jail term was warranted and ultimately imposed the suspended sentence, with a nine-month good behaviour order attached.

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