STATE OF TASMANIA v DARREN MICHAEL SCOTT 30 OCTOBER 2009
COMMENTS ON PASSING SENTENCE PORTER J
You have pleaded guilty to counts of injuring property and aggravated burglary, and I am also dealing with your plea of guilty to a summary offence of assaulting a police officer by threatening him. These offences arose out of the one incident on 7 August 2009 at your parents' home. At the time, you were living there in a caravan at the back. At about 5am, your father saw you at the back door. You were extremely intoxicated. You were yelling that you wanted his car keys as you "wanted to finish it". You father refused. You then smashed the back door and gained entry. There was an argument with both parents, with you insisting that you be given the car keys. You threatened to get an axe and smash the house up if you did not get them. In an extremely agitated state you left the house and returned with an axe. You smashed bench tops, the stove, internal walls and doors, timber balustrades and posts on the stairs, television sets, a vanity basin, a freezer-fridge, a shower door, and kitchen windows. In dollar terms the damage was approximately $30,000. When police arrived, you were found inside the house with the axe in your hand. You ran at the officers with the axe and had to be subdued with capsicum spray. Your parents were traumatised by your conduct and continue to suffer, but feel no anger. They are concerned for your future.
You are 34 years old, single with no dependents, and a disability support pensioner. You have a long history of consistent and regular alcohol abuse. You put this down to underlying anxiety and social phobias. You have had sporadic contact with mental health services. At some stage diagnoses were made of depression, social phobia, agoraphobia, and alcohol abuse. You have not been the subject any structured treatment programs. Your underlying anxiety appears to have been significantly exacerbated by a violent assault on you in your caravan in 2007. You find this difficult to put out of your mind and you have had suicidal thoughts. I am told that it was with suicide in mind that you were intent on getting the keys to your father's vehicle and that is borne out by your statement at the time when you went to the backdoor. You were heavily intoxicated at the time of these events and only have a vague recollection of them. You accept the description of your conduct. I am told that you were surprised and became extremely anxious at the police presence and that you recall putting the axe to your own throat and threatening to kill yourself. You have expressed remorse for what happened and have said that you are sorry for having hurt your parents in this way.
You have a record of mixed offending starting about 10 years ago. This includes dishonesty, drugs, traffic and firearms matters. Many seem to be alcohol-related. Of some relevance is a Criminal Code assault in September 2003, although the facts of that do not appear particularly grave, and this is borne out by the penalty of a conviction and disqualification from driving. There is one instance in your record of threatening a police officer. Nothing appears particularly grave, and you seem to have been imprisoned only in relation to unpaid fines. However, you have a pattern of offending revolving around alcohol and substance abuse and it is that cycle which you must make serious attempts to break. The psychiatric report which I have been given recommended management for your alcohol dependence.
The facts of these matters really speak for themselves. Although prompted by the frustrated attempt to get the vehicle for the purpose of self-harm, it is a serious incident of threatening and destructive behaviour. There is a need to impose a sentence which reflects this and to attempt to deter you from acting in such a way, particularly when intoxicated. I accept that you have underlying mental health problems but your mental state does not rob you of the power to control yourself. It is alcohol which is the real trigger for your offending. You must understand the need to break the cycle of drinking and offending and to act accordingly, but I recognise the need for assistance and encouragement to deal with the substance abuse issues. Having regard to the nature of your conduct and the amount of actual damage done to the house, and the emotional harm caused to all concerned, the only appropriate sentence is one of imprisonment. In my view you should serve some of that immediately, but part of the execution of the term can properly be suspended in order to assist with your rehabilitation. This will be coupled with a probation order to take effect from your release.
You are convicted of the three counts and sentenced to 12 months' imprisonment to commence on 7 August 2009, the execution of six months of which is suspended on condition that you be of good behaviour for a period of two years. I make a probation order for two years, a condition of which is that you report to a probation officer at 8 Griffith 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, that you submit to testing for alcohol or drug use as directed, and that you submit to such medical, psychological or psychiatric assessment as directed. You will have to pay the victims of crime compensation levy of $120 within 28 days of your release. I make a compensation order in favour of RACT Insurance and adjourn the further hearing of that application sine die.