TASMANIA v AARON JAMES FISHER 16 OCTOBER 2009
COMMENTS ON PASSING SENTENCE CRAWFORD CJ
Aaron James Fisher, you pleaded guilty to assault.
On 17 November 2008, you went to the Public Trustee's building hoping to obtain cash by way of an advance. The Public Trustee was the administrator of your financial affairs. You had been to the building many times before.
When told that you might have a voucher to buy clothes, for that is what you said you wanted the money for, you became agitated because it was cash you wanted. You became abusive. You then produced two knives which you had concealed on each hip. You thrust them at the female security officer's face saying, "this is what I use". She pushed herself backwards and away from the knives. She believes that you would have been capable of stabbing her if she had not done so.
She demanded that you put the knives away. Eventually you did so and left.
It was not until May that you were interviewed. You told a number of lies, including that you were in Launceston at the time and that you did not commit the assault.
Your crime has had a dreadful psychological affect on the security officer. She has not worked since and she is concerned that she will never be able to find suitable employment with which she can cope.
You were 19 years old at the time and are now 20. You have a record for offences that include dishonesty and an assault committed only three months before this one. It also significantly includes unlawfully carrying or possessing a dangerous article in a public place in January 2008, twice in November 2008, and again in January 2009.
I received reports from a psychiatrist and a psychologist and a pre-sentence report prepared for the Magistrates Court in July. They reveal that you are of low intelligence, with extremely low verbal comprehension. You tell many lies about yourself and what you do. You easily lose your self-control.
The psychologist has suggested a period of probation once you have been released from prison. However, I will not make a probation order because once you are released, a probation order made in the Magistrates Court will commence to operate.
On this occasion, a sentence of imprisonment will be imposed. I suggest you learn by your mistakes and do all that you can to control yourself in future, otherwise you will find yourself spending more and more time in prison.
A conviction for assault is recorded and you are sentenced to imprisonment for six months from 7 August 2009. The sentence is backdated to that date to give you credit for time you spent in custody from 8 April to 3 June and since 3 September. It is ordered that a victims of crime compensation levy of $50 is to be paid by you within 28 days of your release from prison.