STATE OF TASMANIA v BUDDE MITCHELL BYRNE 21 JULY 2021
COMMENTS ON PASSING SENTENCE BLOW CJ
Mr Byrne has pleaded guilty to two assault charges – one under the Police Offences Act 1935 and one under the Criminal Code. The charges relate to two assaults on his then partner on 8 October 2019.
The couple had been together for some months. On the morning in question the complainant was on Facebook when Mr Byrne became angry with her, abused her, and accused her of lying about who she was friends with. They were in a house that she had recently rented. She asked him to leave. He packed his bags. There was another confrontation as he was leaving. He abused the complainant and spat in her face from about one metre away. The charge under the Police Offences Act relates to that assault. His salvia landed in her eyes and mouth, and across her face. She was holding her baby in her arms when he spat on her.
Mr Byrne left the house on foot. The complainant was worried about him. She tried to phone him but he did not answer. She got into her car with her two young children, drove out, found him, and offered him a lift. He told her to “fuck off” and said that he would “do something about it” if she did not go away. She told him not to speak like that in front of the children. He walked across to her, grabbed her jumper, grabbed her throat with his left hand, and started to choke her. She reported that the choking lasted for about 30 seconds to one minute, that he squeezed tight, and that it felt like he was choking or pinching her throat with full force. She struggled to breathe. She felt dizzy and light-headed. She may have lost consciousness for a short time. Mr Byrne spat on her a second time. The saliva landed on her face. He then walked away. The assault charge under the Criminal Code relates to that incident.
The complainant has had psychological difficulties ever since this incident. Her problems include sleeplessness, anxiety about her safety, and panic attacks.
Mr Byrne has no prior convictions, but he was fined for a series of less serious family violence offences that he committed one week later, on 15 October 2019. He has had nothing to do with the complainant since that day.
Mr Byrne is 28 years old and single. He has a four year old child by an earlier partner. He lives with his father, step-mother and step-brother. He owns a house, which he has rented to a tenant. He has full-time employment as a baker and pastry chef. He has had problems with alcohol and anger management. A probation officer has reported that he is considered suitable for an order requiring community service, for 12 months’ supervision by a probation officer, and for participation in the EQUIPS Domestic Abuse and Addiction Programs.
This matter is being dealt with in the Supreme Court because choking can have very serious consequences. The fact that these assaults were committed in front of the victim’s children also makes this a very serious case. However Mr Byrne has no prior convictions, and his counsel told me that he is disgusted that he spat on the complainant. In the circumstances the most appropriate course is for me to make a community correction order requiring supervision, participation in the EQUIPS Programs and some community service.
Budde Mitchell Byrne, I convict you and make a community correction order, to operate for 12 months from today, with special conditions as follows:
- During the operational period of this order you must submit to the supervision of a probation officer as required by the probation officer.
- Within the next 24 months you must satisfactorily perform and complete 90 hours’ community service as directed by a probation officer or a supervisor.
- During operational period of this order you must attend, participate in, and complete the EQUIPS Domestic Abuse Program and the EQUIPS Addiction Program as directed by a probation officer.
- During the operational period of this order, if so directed by a probation officer, you must submit to testing for alcohol use, undergo assessment and treatment for alcohol dependency, and submit to psychological or psychiatric treatment.