STATE OF TASMANIA v SHANNON JOHN BOYER 6 FEBRUARY 2019
COMMENTS ON PASSING SENTENCE WOOD J
Shannon John Boyer has pleaded guilty to the crime of possession of stolen property in that from about 18 August 2018, or a date as late as 19 September 2018, he was in possession of a 2018 Toyota Kluger motor vehicle, knowing the car to be stolen.
The motor vehicle was a hire car which was hired by his de facto partner, Jenna MacIoney. Under the terms of the rental agreement with Hertz she was to return it on 5 August, but she negotiated an extension of the rental period until 12 August. Then, on 18 August, the defendant and Ms MacIoney used the vehicle to travel to Tasmania on the Spirit of Tasmania, as they were moving to Tasmania to live. At that time, the defendant believed that the bringing of the vehicle to Tasmania was by arrangement with the hire car company.
On 29 August, Ms MacIoney contacted Hertz via email and stated she would return the vehicle but she did not. Hertz contacted the police and reported the vehicle as stolen. Police located the vehicle on 1 October 2018 at a residence in Burnie where the defendant and Ms MacIoney were living. The vehicle was hidden under a tarp and the number plates had been removed. The defendant was interviewed by police on 30 October. He admitted that he had driven the vehicle in Tasmania. He also admitted conducting a registration check online after arriving in Tasmania when he became aware that the vehicle was reported stolen. He continued to use the vehicle after that time. The period of the indictment involving approximate dates is concerned with the period of time when the defendant, having conducted the registration check, became aware the vehicle was reported stolen and, yet, continued to use it.
The vehicle was returned undamaged to the hire company.
The defendant is 24 years of age. He pleaded guilty at a very early stage. He has a conviction for a dishonesty offence dealt with by the Magistrates Court in South Australia on 9 May 2018, which attracted an eight month suspended sentence of imprisonment. He has convictions in Tasmania, a significant number for driving offences, but none for dishonesty. He received a short term of imprisonment to commence on 31 October 2018, which he has served. He has charges outstanding in Victoria.
The defendant has three children, as a result of a previous relationship, with whom he has occasional contact. His relationship with Ms MacIoney commenced in 2017. She has four children, and she and the defendant have a young son now aged a little over one year who has congenital heart, lung and kidney issues. All five children were removed from Ms MacIoney’s care by Child Safety Services in Victoria and were cared for by her sister. The defendant’s son became very sick and underwent heart surgery in November 2018. He remains very ill, is still in hospital in Victoria, and understood to be in a medically induced coma. The defendant has not visited his son since being released from prison, even though bail conditions would allow him to travel to Victoria, due to outstanding charges and his concern that he will be arrested and imprisoned. The defendant hopes that once his son is discharged from hospital he will be returned to the care of the defendant and his partner in Tasmania.
The defendant is a relatively young man whose life and family circumstances are in crisis. He has taken some steps towards his rehabilitation, which is encouraging. Some of his past offending history is linked to drug and alcohol use. He has recently ceased using drugs and has achieved and maintained abstinence without support from drug rehabilitation services. The defendant understands that alcohol and drug counselling may be helpful in maintaining his resolve. He appreciates the negative impact his substance abuse has had on his life in general and in leading to his offending. He also understands that he needs to keep away from negative influences and associations. It is plain that he would benefit from support in relation to his mental health.
The defendant has been assessed by Community Corrections as suitable for community service and supervision with case management to focus on his array of needs which have been identified as including substance abuse, mental health, employment, associates, parenting and family concerns, problem solving, finances, and, I would add, vocational courses and literacy courses.
Mr Boyer, I am satisfied that a non-custodial sentence is appropriate. Your knowledge that the vehicle was stolen was at a relatively late stage, the crime was not initiated by you, and the vehicle has been returned to Hertz undamaged.
The sentence I impose today, though it is not a custodial sentence, will have significant consequence if you breach it. I record a conviction. I make a community correction order for 18 months, which is the operational period of the order. The core conditions that apply to every community correction order, will apply to you. In addition, there will be the following conditions, tailored to your circumstances, which are to apply for the duration of the operational period of the order:
(a) you must attend educational and other programs as directed by your probation officer;
(b) you must submit to the supervision of a probation officer as required by the probation officer;
(c) within that 18 month period, you must complete community service, and satisfactorily perform community service, as directed by your probation officer or a supervisor, for 140 hours.
(d) you must undergo assessment and treatment for drug dependency as directed by your probation officer;
(e) you must submit to testing for drug use as directed by your probation officer;
(f) you must undergo assessment and treatment for alcohol dependency as directed by your probation officer;
(g) you must submit to testing for alcohol use as directed by your probation officer;
(h) you must submit to medical, psychological or psychiatric assessment or treatment as directed by your probation officer.