STATE OF TASMANIA v JAMIE DOUGLAS BLOWFIELD 8 DECEMBER 2023
COMMENTS ON PASSING SENTENCE JAGO J
Mr Blowfield, you have pleaded guilty to the crime of stealing firearms. I am also dealing with a related summary offence of aggravated burglary.
On 1 January 2022, you and two others travelled by car to a property in Acton. One of your accomplices, was your then partner. She remained in the vehicle on the road outside the property whilst you and another accomplice, whom I shall refer to as “F”, broke into the house. CCTV footage captured you wearing a face mask and a set of gloves. You attempted to gain entry through a window. When that was unsuccessful you tried via other entry points. Eventually, F removed a flyscreen on a slightly ajar window and both of you entered the property. In the garage, there was a gun safe. Entry was gained to the gun safe using keys which F had somehow obtained. Four firearms were stolen, namely a .22 Rimfire semi-automatic pistol; a .22 bolt action long rifle; a 9 millimetre Glock semi-automatic pistol and an air rifle.
You left the property carrying two of the firearms in a gun bag. F was carrying the other two firearms in a backpack. As you were leaving the property, another vehicle approached and disturbed you. You ran towards the vehicle you had arrived at the property in, and you and F instructed your partner to drive. You travelled to nearby bushland. F exited the vehicle with the four stolen firearms and hid them in the bush. You and your co-accused left the area before later separating.
You were arrested on 3 January 2023. CCTV footage taken from the scene clearly identified you. When interviewed, you made full admissions to police. You told police that F had asked for your assistance and initially you believed you were going to obtain drugs, and that you would receive some drugs in return for your assistance. At the time you had a significant methyl amphetamine addiction. F knew where to go and instructed your co-accused where to drive. F told you there were cameras at the property hence you used a face mask and a set of gloves to try and avoid identification. You said F knew where the gun safe was and had keys to it. You admitted that F had stashed the firearms in the bush after you had been disturbed by the passer by. You agreed that images taken from the CCTV at the property depicted you.
The .22 long rifle and one air rifle were recovered by police. The other two firearms have not been recovered. It is a reasonable inference that these firearms are now unlawfully in the community, probably in the hands of those who would use them for criminal purposes.
You are 40 years of age. You are in a long term relationship and have four children and are also a step-father to two children from your partner’s previous relationship. You have previously held a number of labour based positions of employment. At one point, you operated your own concreting business, but lost that employment when you were incarcerated.
You have a number of relevant prior convictions. Offences of dishonesty commenced in 2001 when you committed acts of burglary and stealing. In 2002, you committed offences of aggravated burglary and attempted stealing. You have a large number of convictions for driving offences, including offences contrary to the Road Safety (Alcohol and Drugs) Act; negligent driving, evading police and driving whilst disqualified. In December 2015, you were sentenced by this Court to a wholly suspended period of imprisonment for the crime of assault. In March 2023, you were sentenced by the Magistrates Court for a number of driving offences and offences of dishonesty, which were committed by you around the same time as this crime. You received two separate sentences of imprisonment by way of sentencing order: a nine month period of imprisonment, three months of which was suspended, and a wholly suspended sentence of three months’ imprisonment. You were released from custody in approximately June 2023 and it seems have not re-offended since.
I am told that during your time in custody and since your release, you have made a concerted effort to address your previous drug addiction. You have maintained abstinence from the use of illicit substances. You are engaging with an employment service in an endeavour to obtain work. It is submitted that your primary focus is your family and providing a stable and supportive environment for them.
There is no question that this is serious offending. It seems you became involved predominately at the urging of your co-offender and in the hope of obtaining drugs for what was at that point a serious drug addiction. You were not involved in planning the crimes and claimed to have only become aware of the intention to break into the house and steal the firearms shortly before, or at the time of arriving at the property. It does appear as though it was your co-offender who had some knowledge of the property and presumably knew that the firearms were stored there. It is not suggested that you have received any benefit from the crime. However, it is also clear that once you realised what was intended, you participated freely and fully in the commission of the crimes. You can be seen on the CCTV footage approaching the property wearing a face covering and gloves so as to prevent your identification, entering the property and carrying some of the firearms to the vehicle. I take into account the admissions you made to police and your pleas of guilty. They indicate an acceptance of responsibility which is consistent with your stated desire to lead a law abiding lifestyle moving forward.
These crimes, however, have a high degree of objective seriousness. Breaking into another person’s home involves a terrible breach of privacy and intrusion into the sense of security to which the homeowner is entitled. Stealing firearms is a matter regarded with great concern by the community and it is reflected in the fact that it is an indictable offence. It is obvious that criminal behaviour such as this, directly results in these dangerous weapons coming into the hands of criminals. General deterrence is a very significant sentencing consideration.
In my view, the need to emphasise general deterrence and denunciation of conduct of this nature requires the imposition of a sentence of imprisonment. However, I also take into account your personal circumstances and the fact that there does appear to have been a positive change in terms of your attitude towards complying with the law since your release from custody following the sentencing orders of March 2023. In respect to those sentences you remain liable to serve a further six months’ imprisonment should you re-offend. Your claim that you have addressed your drug addiction is also relevant to my assessment of sentence. The pre-sentence report prepared in respect to you indicates that you would benefit from some ongoing support and assistance in that regard, with a particular focus on relapse prevention.
Taking all those matters into account, I have determined that it is not necessary to impose an immediate term of imprisonment in order to achieve the relevant sentencing aims. I think you should be given the opportunity to prove that your recent positive changes are here to stay. If you are unable to commit to those changes in the long term, then it is all but inevitable that you will go to gaol for a long time. I consider it is appropriate to sentence you to a wholly suspended period of imprisonment with a Community Correction order requiring you to undertake some community service and be subject to supervision.
I make the following orders. You are convicted of the crime and offence to which you have pleaded guilty. I impose one sentence. You are sentenced to a term of 14 months’ imprisonment. The entire sentence is suspended for a period of two years on the following conditions:
- That you are not to commit another offence punishable by imprisonment during that period; and
- That you will satisfactorily comply with and complete a Community Correction order with an operational period of 18 months.
The statutory core conditions of a Community Correction order are imposed. Those conditions will be set out in a document that will be provided to you. In summary, they will include the following conditions that will apply for the entire operational period:
- You must not commit an offence punishable by imprisonment;
- You must report to a probation officer as required by the probation officer;
- You must comply with the reasonable and lawful directions of a probation officer or supervisor;
- You must not leave or remain outside of Tasmania without the permission of a probation officer; and
- You must give notice to a probation officer of any change of address or employment before or within two working days after the change.
I also impose the following special conditions:
- You must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer;
- You must undergo assessment and treatment for alcohol and drug dependency as directed by a probation officer;
- You must submit to testing for alcohol or drug use as directed by a probation officer; and
- You must, for the duration of the operational period of the order, submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer.
You must satisfactorily perform and complete 140 hours of community service. You will have 18 months in which to complete those hours.
I order that you must report to Community Corrections, Hobart, by no later than 5pm on Monday, 11 December 2023.