STATE OF TASMANIA v ANTHONY COLIN FINNEGAN 28 OCTOBER 2009
COMMENTS ON PASSING SENTENCE PORTER J
You are to be sentenced on your plea of guilty to one count of robbery. On 10 September 2009 you went with another man to a bottle shop in Devonport. You attempted to steal a bottle of spirits. When challenged by the manager, you told him to fuck off and when he tried to locate the bottle on you, you told him to fuck off or you would smack him. You pushed past him but were pursued. You then produced the bottle, telling the manager that he would be stabbed and smashed if he got any closer, after which you left. Those threats enabled you to escape with the bottle.
You are now 27 and have led, I am told, an itinerant lifestyle following a disrupted upbringing which included aspects of child abuse. You do have four young children from a relationship which ended in 2007 due to your alcohol abuse. This notwithstanding, you have had some employment, and you have been involved in sport. This suggests that you do have some prospects of rehabilitation and being a useful member of the community.
You have an extensive record for offences of dishonesty and violence. The latter include aggravated armed robbery 10 years ago, a Criminal Code assault, and 8 counts of common assault, the last being in December 2008 for which you were gaoled. You do not seem to have heeded those warnings. No actual violence was used in this case, and the only obvious weapon was the bottle which you were trying to steal. Very fortunately for all involved, the manager seems to have suffered no ill-effects from the experience.
Robbery is a serious matter causing concern in the community and this is not a trivial instance of it. The factor underlying your offending is your abuse of alcohol. You do not need me to tell you that you must find the will to overcome this problem or the cycle of offending and gaol will continue. Indeed, you seem to have taken some steps towards structured treatment and so have some recognition of this. In the meantime I must take steps in an attempt to deter you from further offending. I should also say, at the same time, that you do not appear to have had the benefit of probation for a considerable period and that may assist in your rehabilitation. I take into account your early plea of guilty and I take into account that the value of the goods stolen was small. I also accept that this was not pre-planned in the sense that the stealing was not intended to be accompanied by the offering of violence, and to that extent it was impulsive.
In all of the circumstances I think an immediate term of imprisonment is warranted, but I think one of moderate length is justified. You are convicted of the crime and sentenced to 7 months' imprisonment to commence on 10 September 2009. I make a probation order for 12 months to take effect from the date of your release. Conditions will be that you report to a probation officer at 8 Griffiths Street, Devonport within one clear working day of your release. Further conditions are that you undergo assessment and treatment for alcohol or drug dependency as directed by a probation officer, you must submit to testing for alcohol or drug use as directed, and you must submit to medical, psychological or psychiatric assessment or treatment as directed by the probation officer. You will have to pay the victims of crime compensation levy of $50 within 28 days of your release.