STATE OF TASMANIA v STEVEN THOMAS ASHTON 3 JULY 2019
COMMENTS ON PASSING SENTENCE BLOW CJ
Mr Ashton has pleaded guilty to a charge of assaulting two police officers, and also to a charge of unlawfully possessing dangerous articles in a public place. The charge of assaulting the officers is a charge under the Criminal Code. The other charge relates to a summary offence, and I am dealing with it under s 385A of the Code.
Mr Ashton has a long history of mental illness. He is troubled by anxiety and depression. He has been diagnosed as suffering from obsessive compulsive disorder. There are differences of opinion as to whether he also suffers from schizophrenia. On 28 December 2017 he was suicidal. He was living with his mother in a residence adjacent to his sister’s house. He wanted to commit suicide by taking an overdose of prescription medication. His mother had hidden his medication from him. He became violent, and started smashing things. His mother fled from the house. His sister rang the police. Two officers attended in response to her call. They had no prior knowledge of Mr Ashton. When they arrived, he was standing on the nature strip in front of his home, armed with a compound bow and several arrows, as well as a concealed knife. He retreated into the driveway of his home. The police vehicle was stopped about 15 to 20 metres from the front of the driveway. One officer got out and called out to Mr Ashton. Mr Ashton saw that the occupants of the vehicle were police officers, walked towards the vehicle, and fired an arrow over the top of the vehicle, narrowly missing it. The officer who had got out resumed his seat inside the vehicle just before Mr Ashton fired the arrow. Mr Ashton reloaded the bow, and pointed it at the two officers in the vehicle. They ducked, and Mr Ashton fired the second arrow, which passed just over the top of the windscreen. The charge of assaulting police officers relates to the firing of the two arrows. The Crown accepts that Mr Ashton intended only to scare the two officers, and not to physically harm them. He committed the crime charged by making two threatening gestures by firing the arrows.
After firing the second arrow, Mr Ashton began to reload. The driver of the police vehicle drove into him, knocking him to the ground. The passenger got out and sprayed Mr Ashton to the chest and head areas with OC spray. Mr Ashton reacted by jumping onto the bonnet of the police vehicle and then its roof. He began to reload the bow. The officer got back into the vehicle. The driver reversed it. Mr Ashton fell to the ground, got to his feet, ran to a neighbour’s yard, stopped, turned towards the officers, who had pursued him, and got out his knife. At that stage the OC spray took effect. Mr Ashton fell to the ground, and was disarmed and restrained. He told the police that he wanted to die and that he wanted them to shoot him.
The second charge relates to Mr Ashton carrying and using the bow and arrows, and carrying the knife, in a public place without lawful excuse.
The two officers took Mr Ashton to a hospital, where he spent the next fortnight as a psychiatric patient. During that time his medication was changed, and his condition stabilised. After his discharge he lived with two of his brothers in Launceston for about 12 months before returning to his sister’s property, which is in Deloraine. He has been taking his medication ever since his discharge from hospital, and is now living a stable life.
Mr Ashton has no prior convictions. He has never had problems with drugs or alcohol. He has no history of violence. He was 28 on the day in question and is now 29. He left school during grade 9. He had employment in a few positions during his teens and early 20s, but his anxiety tended to interfere with his employment. He now receives a disability support pension. His mother manages his finances. He spends very little. He does not see any friends or associates, but does have some on-line friendships. He enjoys computer games, roller skating, photography and running.
Mr Ashton’s conduct on the day in question involved a risk that someone might be seriously injured. But for his mental illness, I would impose a heavy sentence designed to deter others from that sort of conduct. However, because of Mr Ashton’s mental illness, this is not an appropriate case for a deterrent penalty. He certainly should not receive a prison sentence for what he did, since that might exacerbate his mental illness, but that might otherwise have been very appropriate. He is considered unsuitable for a community service order because of his mental health problems. A probation officer has reported that a period of community-based supervision is not needed. In the circumstances, I think that the only appropriate penalty is a fine.
Steven Thomas Ashton, I convict you on both charges and order you to pay a fine of $1,000 within 28 days.
I order that the compound bow and arrows, and the knife, be forfeited to the State of Tasmania.