STATE OF TASMANIA v BENJAMIN JOHN BRADSHAW 20 AUGUST 2024
COMMENTS ON PASSING SENTENCE JAGO J
Mr Bradshaw, you have been found guilty by a jury of one count of Criminal Code assault, and one count of emotional abuse and intimidation. These charges were found as alternate verdicts to a primary charge of Persistent family violence of which you were found not guilty. It is necessary for me to make findings of fact consistent with the jury verdicts. Given the way in which the trial was conducted, the jury’s verdict is consistent with them having accepted the evidence of the complainant as to the two occasions they found proved. I will sentence in accordance with the evidence the complainant gave at trial about those incidents.
You commenced a romantic relationship with the complainant in 2016. You were 39 years of age and the complainant was 29 years of age. Shortly after the relationship commenced, the complainant moved in with you at your unit. The two of you then moved into a unit in [address suppressed]. Initially the relationship was a positive one. The complainant suffers from schizophrenia and you took on a care giving role in respect to her whilst you were living together in the unit, including taking her to appointments and assisting with providing medical professionals with relevant information. Between December 2016 and December 2018 you went to prison. The relationship between you and the complainant continued and you would regularly speak with each other on the phone and would exchange letters. I am satisfied the relationship, at this point, was one of mutual affection.
After your release from prison the relationship began to encounter difficulties. The complainant continued to experience mental health issues and was also a user of methyl amphetamine. You had an opiate addiction and were dependent upon Suboxone, which you obtained both legally and illegally. I am satisfied that from the beginning of 2019 there were increasing tensions and arguments within the relationship, and it became quite volatile at times.
On 10 May 2020, the complainant was at the home of a friend celebrating her 50th birthday. By this time, you and the complainant had separated and she had been staying with friends. You arrived at the party, which was being held only a short distance from the unit. You knocked on the roller door and the door was opened. You observed the complainant and asked her to come outside to speak with you. She did so. You asked her to return to the unit with you. She declined to do so. The conversation turned nasty. You were accusing her of infidelity and calling her a variety of names. You began to drag her along the street by both her hair and her throat. I am satisfied you dragged her along the street for quite some distance. This was observed by her sister and by neighbours in the area. By a combination of dragging and carrying her, you returned her to the unit. Upon arriving there you punched her to the face. This caused a swollen lip. You also told her that you were going to kill her, and went to obtain a firearm which was in the unit.
The complainant’s sister had observed your behaviour and had called police. Shortly after, police arrived at your unit. Police asked to be let in to check on the welfare of the complainant. For quite some time you refused to allow police in. Your behaviour, and attitude towards police, was volatile and threatening. I am satisfied that your behaviour was directed at preventing them from speaking with the complainant so that she did not disclose the assault you had just perpetrated upon her. I observed body worn camera footage of the complainant during the trial. She appeared stressed, anxious and confused. Your behaviour in the unit was controlling and manipulative and I am satisfied would have exacerbated the trauma of the situation particularly given she was already vulnerable with her mental health difficulties.
When police spoke with the complainant, she denied any act of unlawful violence had occurred. She claimed that what witnesses had observed was a sexual role play. It was not until a later point in time that the complainant disclosed to police what had truly occurred.
The count of emotional abuse and intimidation is said to have occurred variously throughout the relationship from January 2019 until May 2020. On, what I am satisfied was a regular and consistent basis, you verbally abused the complainant by calling her a variety of names including “goose”, “parasite”, “scum bag”, “slut”, “psychotic”, and “headfucked”. You also made threats to kill both her and her family. At the time you were making these threats, you had a firearm in the unit. The complainant knew this and I am satisfied that must have added to her fear. The verbal abuse and threats occurred in circumstances where I am satisfied you knew, given her mental health vulnerabilities, that the conduct would, at the very least, intimidate her and cause apprehension and fear within her. Your behaviour towards her was degrading and belittling, and the references to her mental health difficulties were, in my view, particularly nasty. I am satisfied such references were directed at demoralising and demeaning her so that you could retain control of the relationship, and any disclosure of how you were treating her would be doubted. It is therefore a serious example of emotional abuse and intimidation.
The complainant declined to provide an impact statement. That, of course, does not mean that your behaviour had no impact upon her. Having observed the evidence she gave on a special hearing, I am satisfied that your behaviour caused her fear, confusion and uncertainty and exacerbated her mental health conditions.
You are 47 years of age. You have a long standing history of violent criminal behaviour. In June 2008 you were convicted of aggravated burglary and two counts of committing an unlawful act intended to cause bodily harm. The crimes were committed in a family violence context. You broke into the home of your former partner, obtained a knife from the kitchen and stabbed her twice to the right side of her abdomen. You then, after a short interval, returned and stabbed her again, this time to the left side of her abdomen. You were sentenced to six years’ imprisonment with eligibility for parole after you had served four years of that sentence.
In August 2008, you were convicted of the crime of attempted armed robbery. You were sentenced to nine months’ imprisonment cumulative upon the sentence to which I have just referred. Then in November 2008, you were dealt with in the Magistrates Court for further family violence offences, including two counts of common assault and four counts of breach of family violence order, trespass and destroy property. These criminal acts related to the same complainant that you had stabbed when you committed the crime of an unlawful act intended to cause bodily harm.
In 2014, you were sentenced for the crimes of aggravated burglary and commit an unlawful act intended to cause grievous bodily harm. These crimes related to what is colloquially referred to as a home invasion. You broke into a home and viciously attached a stranger. The victim in that matter was left with lacerations to the scalp and cuts, abrasions and bruises to his face, arm, shoulder and leg. You were sentenced to four years’ imprisonment with eligibility for parole after the expiration of three years. You were released on parole in 2016 but subsequently had your parole revoked.
It is trite to say that you are not to be re-sentenced for your record of prior convictions, but it is obvious that you have a propensity towards the use of violence. That is relevant to the role specific deterrence must play in this sentencing exercise, and it is also relevant to the issue of the protection of the community.
You have experienced a number of mental health difficulties throughout your life. You have a history of depression, anxiety, obsessive tendencies, jealousy, insecurity within relationships and addiction. I am told that your opiate addiction is now being successfully treated by monthly injections. Your use of other drugs, such as methyl amphetamine, has never been as chronic as your opiate addiction, and is no longer a difficulty for you. You have ceased the use of illicit substances.
There has been a considerable delay in this matter being finalised. There have been several reasons associated with that, including the complainant’s mental health. You have spent some 820 days remanded in custody whilst awaiting trial on this matter.
I take into account that the violence you perpetrated upon the complainant did not result in serious injury. The swollen lip resolved itself without the need for medical intervention. Nevertheless, your behaviour in dragging her down the street was cruel and she must have felt scared given your level of agitation and the uncertainty as to what may occur. The verbal abuse and threats you directed at her during the life of the relationship were serious. I have no doubt it caused her considerable angst and upset.
Violence and abuse of all kinds, whether it be physical, verbal or emotional, within intimate relationships is never acceptable. It is all too common and simply must be condemned and punished by the courts in an endeavour to dissuade others from behaving in a similar fashion. General deterrence and denunciation are primary sentencing considerations. I am also satisfied, given your history and what I consider to be a complete lack of insight into the seriousness of your behaviour, that personal deterrence is also a relevant sentencing consideration. A sentence of imprisonment is the only appropriate sentencing response. I record that I am not satisfied that it is appropriate to make a declaration pursuant to s 29A of the Family Violence Act. I will, however, make a Family Violence Order for the protection of the complainant.
Mr Bradshaw, you are convicted of both matters. I will impose a single sentence. You are sentenced to two years and three months imprisonment, backdated to commence on 20 May 2022 to take into account time already served in custody. No parole eligibility order is made.
I make a Family Violence Order, to operate for a period of five years from today, in the following terms:
- You must not stalk [name suppressed];
- You must not directly or indirectly threaten, abuse or assault [name suppressed];
- You must not knowingly go within or remain within 100 metres of [name suppressed];
- You must not contact or communicate with [name suppressed], directly or indirectly, including by any form of electronic or other communication.
- You must not knowingly go within 5 kilometres of any premises where [name suppressed] is presently living, or any other place where [name suppressed] may from time to time be living or staying.
- You must not damage any personal or other property owned or possessed by [name suppressed].
- I further order that the usual firearms conditions attaching to Family Violence Orders apply to this Family Violence Order.
I order these two counts be recorded as Family Violence offences pursuant to s 13A of the Family Violence Act.