STATE OF TASMANIA v LEVI CHRISTOPHER BELL 16 JULY 2019
COMMENTS ON PASSING SENTENCE PORTER AJ
Mr Bell, the defendant, has pleaded guilty to one count of aggravated burglary, one of burglary, two counts of stealing, two counts of unlawfully injuring property, and one of assault. All of these crimes relate to the unlawful entry of two properties at Ulverstone on Sunday 9 December 2018, and events that followed. First, sometime before 5.30pm, the defendant forced open the double front doors of a house in West Ulverstone which was vacant at the time but available as a short term stay accommodation facility. The doors and locks were damaged in the process of entry, and showed signs of a tool, such as a large screw driver, having been used to prise them open. Once inside the defendant removed a television set, a wooden chest and an ornament from the lounge room and left the house. None of the property has been recovered.
The defendant then went to a neighbouring property in the same street. Once there, he forced open a window of a shed on the property, causing two panes in the window frame to smash and leaving marks on the wooden frame, suggesting the use of the same type of implement. Having gained entry, the defendant removed a Makita power tool in its carry case and left the shed, at which time the audible security alarm to the property, activated. At about 5.30pm, a Mr Robert Steers, was at the particular property. He was there watering house plants for his parents-in-law, who were away from their home. Having been there for about 10 minutes, he heard the alarm coming from the shed. As he went to investigate he saw the defendant, who he noted was wearing black gloves, running from the back of the property with the tool box. Mr Steers chased the defendant as he ran towards the car park of a local amenities block, a short distance away. He told the defendant to stop and drop what he had in his hand. The defendant dropped what he had in his hand and continued to run towards the car park, again with Mr Steers giving chase. As he approached the defendant, and while a distance of approximately 3 metres apart, the defendant pulled a knife from the right pocket of his trousers, pointed it towards Mr Steers and said, “If you come any closer I will stab you, you fucking cunt.” Mr Steers later described the knife as silver, with a black solid handle and about a 150mm blade which was approximately 40mm in width. At the time, Mr Steers’ seven year old son was running up behind him and he was forced to stop him from running on ahead. The defendant by this stage was in close proximity to stationary motor vehicle, in which two people were seated. As the defendant approached, one got out of the driver’s seat and moved into a rear passenger seat, and the defendant got into the vehicle and quickly drove away. The identity of the defendant was discovered in the following way. On the same day, a nearby neighbour was cleaning up a mess left by unknown party goers on the nearby beach. Among the rubbish she collected, was a small cardboard manufacturer’s tag relating to a pair of work gloves. At around 6.30pm, she became aware that the second property had been entered, and so went to the property and spoke to police. On mention being made that the offender was wearing gloves, she gave the tag to an officer. An examination of the tag revealed a latent fingerprint. On Monday 10 December, police went to an address in Shearwater and arrested the defendant. He was taken to the Devonport Police Station, where he was interviewed. He essentially admitted his conduct but would not tell police where he had taken the television. He agreed that he ran towards the car park, where a parked car was waiting for him, and that he was challenged by a male. However, he said he did not at any point pull out a knife and did not point it towards the male, but that he threatened him by saying, not that he would stab him, but that he would “punch him out”. Through his lawyer, the defendant now accepts that he produced an offensive weapon; most likely a screwdriver. I was not asked to resolve the issue, and I do not consider it critical to the outcome.
The defendant is now aged 39. He has a rather astonishingly lengthy record of offences mostly for dishonesty. That record includes a rather lengthy list from the Northern Territory where he has served terms of imprisonment along with those served in Tasmania. There is also a record of offending in Queensland and Victoria although they are of some considerable age. There is little point in attempting to summarise these things. He has an entrenched polysubstance abuse issue and, predominantly, the offending is for the purposes of funding his drug use. Most recently, on 5 March 2019 for offences of dishonesty and drug-related matters he was sentenced to four months’ imprisonment commencing on 11 December 2018, and made the subject of a 12 month community corrections order. Community Corrections treat that order as commencing on his release, and it includes supervision and conditions directed to drug treatment.
In mitigation, it was acknowledged that the defendant had spent a very significant period of his life entangled in the criminal justice system and in gaol. By way of explanation, the defendant has had an extremely dysfunctional childhood. He is an aboriginal man. His mother was an alcoholic who barely cared for him, and his father was physically violent to him. The defendant has psychological issues as a result that he has been unable to overcome. At the age of 12 he turned to illicit substances as a coping mechanism. He has an entrenched drug addiction and his offences of dishonesty are for the purposes of providing funds. All remedial steps and rehabilitative measures have proved to no avail. He does though, have insight into his problem. He has a 12 year old son and is keen to establish a proper relationship. An issue at the moment is the lack of stable accommodation for him. He has been on a waiting list for assisted accommodation for some considerable time. I am told that he is keen to enrol in the Subuxone detoxification program while in prison. I am also told that he is apologetic for his actions and is aware of the damage his offending does to others. He has offered to do anything he can by recompense, although his means to do that are severely limited. The defendant is not to be sentenced on his record but notwithstanding drug addiction, specific deterrence is a prominent sentencing factor, as is general deterrence and denunciation of this type of conduct. At the same time, the law is that some leniency can be afforded for a drug addiction, if some reasonable explanation appears for it in the offender’s past. Drug and alcohol addictions are not uncommon amongst victims of physical and emotional abuse. Arguably, the point at which that might operate in the defendant’s favour has been passed quite a while ago, but I think it retains some weight. I take into account the pleas of guilty. I take into account the admissions which, while not involving complete and absolute co-operation, provided evidence of his involvement and the surrounding details, which might not otherwise have been obtainable. However, the conduct must be viewed in a serious light because of the prevalence of such offences of dishonesty, and of course the threat with a weapon.
Mr Bell, as I have said, you are not to be sentenced for things you did in the past, but it creates a barrier to leniency, and means considerations of deterring you and others from similar conduct are much more prominent. However, as I have explained, there are some things that operate in your favour. Imprisonment though, is necessary. The community corrections order will operate on your release. Hopefully that will assist in your rehabilitation. You are convicted and sentenced to 12 months’ imprisonment to commence on 10 March 2019, the date upon which you would have been released. I make compensation orders in favour of Sally Jane Gill and Glen Behrens, and adjourn the further hearing of each matter to dates to be fixed.