STATE OF TASMANIA v JARRETT DUANE GREGSON 29 OCTOBER 2009
COMMENTS ON PASSING SENTENCE PORTER J
You have pleaded guilty on indictment to two counts of assaulting a police officer. I am also dealing on complaint with two counts of destroying property, and one count each of abusive language to a police officer, threatening a police officer, carrying a dangerous article, possessing a smoking device, and possessing cannabis. All of these matters arose out of the one incident in June 2009. You had been having an on-and-off relationship with a woman for some time with whom you have a 6 year old son. She had been threatening to end your access to the child if you did not come to Burnie from Hobart where you were living at the time and resume your relationship. These events took place very shortly after your return. You have had some mental health issues for some time, for which you were given benzodiazepines. This led to an addiction and you have had alcohol abuse problems as well. At this time you were not able to get medication and you were suffering insomnia and felt extremely stressed. The night before these events you learnt that your aunt had been diagnosed with terminal cancer. An argument developed with your ex-partner and she asked you to leave the house on a permanent basis. She made a remark about your aunt which caused you great upset. You had been drinking alcohol for most of the day and the insult culminated in you causing damage to the backdoor of the residence by kicking it. Three police officers attended the disturbance. At an early stage you said you had hostages and you were going to kill them. During the course of police trying to sort out what was happening, you left the unit armed with a large butcher's knife, at which point the officers retreated. A sergeant of police then arrived. You advanced down the driveway towards one officer pointing the knife in her direction and yelling abuse. She was forced to draw her gun. You continued to get closer to her, waving the knife and yelling at her, inviting her to shoot you. The sergeant then approached, at which stage you pointed the knife towards him and threatened to kill him if he came any closer. At this stage, events were occurring in the street. You repeatedly abused police officers in very graphic terms and continued to generally threaten them with the knife. Ultimately you were subdued by the use of capsicum spray, forcing you to return inside. Police entered and you were found lying on the floor beside a bowl of cannabis leaf and a burning smoking device. You were again required to be subdued with spray. The knife was also next to you. Later, eight stab marks into the bonnet of the police vehicle and a broken side mirror were detected.
It was put on your behalf that your state of mind in threatening the police officers was to get arrested so that you would be removed from the scene, be taken into custody and so have refuge. I am told that you had no intention of actually stabbing or carrying out any actual attacks on the police officers. It is put that the damage to the car shows that your frustrations were directed towards that object and not to the officers. However, even accepting all that as correct, the officers were not to know your motives and intentions. I am also told that the next morning you were remorseful and apologised to the police officers who took you to court. You are 36 years old and have a very lengthy record going back to 1989. This includes offences of dishonesty and violence. There are five common assaults, three assault police, numerous counts of resisting arrest, and eight charges of destroying or injuring property. It is significant that your conduct on this occasion was in breach of a partially suspended term of imprisonment imposed in November 2008 for assault, destroying property and other offences. Further, although I am told there is some debate about the detail of the record, it would seem you were also in breach of a further partially suspended term imposed in March 2009, also for assault.
The authority and safety of police officers is of paramount consideration. They frequently have to encounter drunken and enraged people involved in domestic disputes who engage in threatening conduct. Although no actual physical contact occurred, this was a most serious episode. Both police officers have suffered emotionally as a result of the level of the threat which you presented in your violent and destructive outburst. You consciously chose to escalate the situation. There is a need to impose a sentence which hopefully will act as a deterrent to you. The simple reality is that you will have to find the motivation and the ability to deal with your substance abuse and obvious anger issues. Given the close association of all offences it is appropriate that one sentence be imposed and that sentence must reflect all the criminal conduct involved.
You are convicted of all counts and sentenced to 15 months' imprisonment to commence on 17 June 2009. I am prepared to give you an opportunity to persuade the Parole Board that you can be released before serving the full term, and I order that you not be eligible for parole until you have served 10 months. You will have to pay the victims of crime compensation levy of $240 within 28 days of your release. I make compensation orders in favour of Tasmania Police in the sum of $1,350.36, and in favour of Heather Maree Johnson, which application is adjourned sine die.