STATE OF TASMANIA v EMB 25 JUNE 2026
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendants are EMB and HLV, both aged 21 at the time of the offending. They were in a relationship and lived in Southport with their two children, L (aged 1) and A (aged 3). The complainant, HH, is EMB’s biological brother and was 10 years old at the time of the offences. EMB has pleaded guilty to one count of an indecent act with or directed at a child, while both EMB and HLV are jointly indicted for one count of assault.
On 12 December 2022, the complainant was left in their care. Both defendants believed he had sexually assaulted their children and confronted him, leading to an attack on him.
EMB initiated the attack by punching the complainant’s arm multiple times, followed by HLV, whose punches were harder and caused bruising. EMB applied pressure to the complainant’s throat, followed by HLV, who used significant force, impacting the complainant’s breathing. EMB threatened the complainant with a kitchen knife, stating she would “slit his throat” if he did not tell the truth. The complainant was pushed against a wall, kneed in the stomach, and thrown to the ground by HLV. After the attack, the complainant was made to sit outside in his singlet and shorts until his mother collected him. He was visibly shaken.
A Snapchat video filmed between January and December 2022 depicts EMB instructing the complainant to perform indecent acts while laughing. HLV was present but is not said to be criminally responsible for this video. The video depicts EMB telling the complainant “ready, set, go” and as directed, he puts his hand down his pants and uses his fingers to penetrate his anus. EMB tells him to “lick it” and the complainant removes his fingers and licks them. During this video, the complainant is fully dressed. Throughout the video EMB is laughing.
Both incidents were reported to Tasmania Police, and the complainant participated in an interview on 19 July 2023. On 8 August 2023, police interviewed EMB and HLV under caution.
EMB admitted to grabbing, pushing, and choking the complainant, as well as threatening him with a knife. She stated her actions were driven by anger and concern for her children. HLV admitted to kneeing and pushing the complainant but denied choking him or using a knife. He claimed EMB did not hit the complainant, which the State does not accept.
The State asserts that EMB and HLV are criminally responsible as principal offenders for the assault and that they aided and abetted each other.
I have had a victim impact statement. The complainant was extremely scared at the time and after the incident. He reported that he thought he was going to die. He suffered marks on his throat and bruising on his body which hurt him for weeks.
Before the incident, he was doing well at school, had good attendance, and had many friends. He was not one of those children who would get into trouble at school. He had a good relationship with his parents, siblings, and other family members.
However, after the incident, he is reported as being extremely unsettled. He constantly needed reassurance that he was safe and that he would not be harmed again. He suffered from anxiety and depression and started to have sleeping difficulties. It was noticed that he had begun to self-harm, started smoking tobacco and marijuana. He experienced a lot of anger issues and started to miss school and often found himself in trouble at school, including being suspended at one point. It is said that he has only one friend at school now. This is said to be because of his difficult behaviour which has damaged those previously good friendships. He reportedly struggled to deal with everything that had happened. He has apparently put on weight since the incident, which has steadily increased. He reports that he feels he will be scarred for life because of everything that has happened.
I have also had the benefit of a pre-sentence report on EMB. She reported a traumatic upbringing in Tasmania, marked by parental separation, neglect, and abuse. She disclosed severe physical, mental, and sexual abuse by her stepfather and brothers, as well as neglect by her mother, who was dependent on alcohol. She described being isolated, mistreated, and forced to endure inhumane living conditions. Despite these challenges, she maintains a supportive relationship with her biological father but has no contact with her brothers and a strained relationship with her mother.
She has had two significant relationships, resulting in the birth of her two daughters. She has full-time care of her youngest daughter, who has autism, and shares care of her eldest daughter with the child’s father. She reported a lack of understanding of healthy relationships due to her past experiences. She is currently single but has begun associating with someone new.
EMB resides in a rental property with her two daughters. Her social life is limited, with one close friend and no involvement in clubs or community groups. Most of her time is dedicated to caring for her autistic daughter.
She completed Year 10 at Huonville High School but left school at 18 due to pregnancy. She has not pursued further education and has primarily worked in the hospitality sector. She is currently a full-time carer for her youngest daughter.
EMB disclosed no physical health concerns but now knows she may have autism or PTSD. She has experienced suicidal ideations but remains committed to her daughters. She consumes alcohol occasionally in social settings and has no history of illicit substance use.
She attributed her offending behaviour to her traumatic upbringing, postpartum depression, and stress. She expressed remorse and stated she was unaware her actions were illegal. She has engaged with a psychologist to address her mental health and offending behaviour and is willing to continue therapy.
EMB is assessed as low risk for recidivism, with an 8% chance of reoffending within one year. Research indicates female sexual offenders have lower recidivism rates compared to males. EMB has no prior sexual offences and denied deriving any sexual gratification from the incident.
Counsel for EMB has tendered a psychologist’s report from Dr Jennifer Wright. Her report highlights the defendant’s severe childhood trauma, including intra-family violence, neglect, and abuse, leading to a PTSD rating of 79/80. The Bugmy principles suggest that such trauma reduces moral culpability, as it impacts the defendant’s formative years and ability to appreciate the wrongfulness of actions. The Verdins principles address the defendant’s PTSD and Major Depressive Disorder, which impaired her impulse control and understanding of her behaviour. Dr Wright’s analysis links the defendant’s offending to her mental state and traumatic upbringing, noting her confused memory and emotional distress during the incidents.
The defence argues that sentencing should account for the defendant’s significant trauma and rehabilitation efforts. General deterrence is argued as less applicable due to her unique circumstances, and it is submitted that personal deterrence can be addressed through a Community Correction Order.
EMB is assessed as suitable for a Community Correction Order with conditions, including attending educational programmes, submitting to probation officer supervision, and undergoing psychological or psychiatric treatment. Community Corrections will assist her in overcoming barriers to therapy, such as childcare.
I am satisfied that it is not necessary in this case to make an order under the Community Protection (Offender Reporting) Act.
This offending is of an objectively high level of seriousness, but it must also be seen in the quite unusual context of EMB’s age, her deprived upbringing, her abuse and her level of awareness of her legal and moral responsibilities.
Taking those matters into consideration and the steps EMB is taking already towards addressing the causes of her offending, I am satisfied that an actual sentence of imprisonment is not required
The defendant is convicted of both the offences to which she has pleaded guilty, and I impose a single sentence of 12 months’ imprisonment, wholly suspended on condition that she commit no offence punishable by imprisonment for a period of twelve months from today.
In addition, I make a community correction order for a period of 12 months from today, which will include all of the statutory core conditions including that she report to Community Corrections before 5.00pm on Friday, 26 June 2026 and will include the following special conditions:
- she must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer.
- she must, during the operational period of the order, attend educational and other programs as directed by the court or a probation officer.
- she must, during the operational period of the order, submit to psychological or psychiatric assessment or treatment as directed by a probation officer.