STATE OF TASMANIA v ALICIA JOY CASHMAN 16 OCTOBER 2023
COMMENTS ON PASSING SENTENCE JAGO J
Ms Cashman, you have pleaded guilty to one count of assault contrary to s 184 of the Criminal Code. On 7 September 2021, you were a passenger in a taxi driven by the complainant. You entered the taxi with a male. You sat in the front passenger seat and the male sat in the rear passenger seat. Upon entering the taxi you were asked to pre-pay the fare. At this point, you became aggressive with the complainant and challenged his request for pre-payment. You became verbally abusive towards him saying, “Fuck you, just drive off and I will steal your car.” You reached into your handbag, pulled out a flick-knife, which was approximately 20 centimetres in length, held it in your hand and pointed the blade towards the complainant. You held it approximately five centimetres from his body. Whilst pointing the knife at him, you threatened to stab him and steal his car. It is not asserted by the State that you had an actual intent to steal the car, but nevertheless the threat you made undoubtedly exacerbated the intensity of the situation from the complainant’s perspective.
The male passenger endeavoured to calm the situation. He, in fact, pre-paid the fare. The complainant, understandably fearful, gained the attention of a passing police car. As Police approached the taxi you hid the knife in your underwear. When police subsequently asked you if you had a knife, you initially denied it, but shortly after admitted having possession of it. Police searched you and located it. You were arrested. The body-worn camera footage of the arrest shows you making racist and threatening comments towards the complainant. Later, whilst in police custody at the police station, you repeated the threatening remarks towards the complainant.
The complainant was not physically harmed but although I have not received a victim impact statement from him, I have no doubt it was a most unpleasant experience for him. It is fortunate he was able to attract the attention of passing police in a timely manner. Producing a knife and threatening someone with it is inherently dangerous behaviour. It is impossible to know how the threatened person may react and whether the situation may escalate into something far more serious. Frequently, this Court deals with matters where persons have been seriously injured because a knife has been produced by an agitated or angry person.
You are 25 years of age. You have a number of relevant prior convictions including convictions for assaulting police officers, threatening police officers, resisting police officers, unlawfully possessing a dangerous article in a public place, being a knife on two separate occasions. You also have subsequent convictions subsequent to this crime for the offences of common assault and injure property. You were sentenced to a Community Correction Order in respect to these matters, and other matters, in June 2022.
When you were approximately 17, you entered into a relationship with a man, who became the father of your children. That relationship was terribly violent. You were subject to a number of serious physical assaults, as well as emotional and psychological abuse. As a consequence of the violence perpetrated upon you, you suffer with anxiety and depression. During the relationship, you were introduced to methylamphetamine and were encouraged to use it. You developed an addiction. Because of your addiction and the ongoing violence in the relationship, Child Safety removed two children from your care. In 2019, you sadly suffered the trauma of losing a child shortly after birth. Your methylamphetamine use increased following this, as did your mental health difficulties. Your partner was gaoled on and off throughout the relationship, but as is so often the case given the complexities of family violence, the relationship would regularly resume upon his release from gaol, despite the existence of various Family Violence Orders.
I am told when this crime occurred, you were badly affected by methylamphetamine, and still grieving the loss of your child. Since this crime was committed, however, there has been a remarkable turnaround in your life circumstances. At the end of September 2021, you entered a detoxification unit as an inpatient. Since then you have abstained from illicit drug use. You have undertaken a number of courses in respect to drug and alcohol counselling. You continue to be engaged in such programmes. You have also undertaken and completed courses directed at assisting family violence victims in understanding the cycle of such relationships, and learning how to recognise dangers and set boundaries within such relationships. In July 2022, you gave birth to another child. Whilst Child Safety Services obtained a supervision order in respect of that child, you were able to maintain the child in your care and, by all accounts, have been doing very well in raising the child. You have been subject to drug testing during the life of the supervision order and have never failed such a test. You are working with Child Safety to be reunified with your other two children by the end of this year.
I am told that now you have had the benefit of assessing this matter unaffected by drugs, you recognise how appalling your behaviour was and are embarrassed by it. Once the nature of the charge was settled, you entered an early plea of guilty. You have taken strong steps to rehabilitate yourself. I obtained a screening report as to your suitability to participate in a Community Correction Order. The rehabilitative endeavours you have made are confirmed by the author of that report. The report reads:
“The accused was sentenced to complete an 18 month Community Correction Order commencing 23 June 2022. Since the commencement of the order, the accused has undertaken significant self-directed rehabilitation efforts and achieved abstinence from all illicit drugs, engaged with support services regarding a traumatic history of family violence, collaborated with Child Safety Services in a manner which has seen an 18 year care and protection order reviewed, and reunification with her children is almost complete. She is establishing safe and secure independent accommodation to facilitate reunification with her children and ensure safety from the perpetrator of the significant family violence she has experienced.”
The sentence I impose ought to reflect and encourage your ongoing rehabilitation. That said, in my view, the objective seriousness of your crime, and the weight that needs to be attributed to general deterrence, requires the imposition of a sentence of imprisonment. Behaviour of this nature is simply unacceptable. Taxi drivers and the like must be able to go about their business without fear of persons challenging them in violent and threatening manners. The factors I have outlined, however, provide good reasons, in my view, why you should not be required to serve the period of imprisonment immediately. In my view, a wholly suspended period of imprisonment, coupled with a Community Correction Order, is an appropriate sentencing response.
Alicia Cashman, you are convicted of the crime of assault. You are sentenced to a term of three months’ imprisonment. The whole of that sentence will be suspended for a period of 16 months on condition that you are not to commit any offence punishable by imprisonment during that time.
I also make a Community Corrections Order requiring you to be subject to the supervision of a probation officer for a period of 12 months from today’s date. The conditions set out in s 24 of the Sentencing Act will apply to this order. These include that you must report to a probation officer at Community Corrections Burnie by close of business tomorrow. In addition to the core conditions, the order shall also include the following special conditions:
- you must, during the operational period of the order, attend any educational or other programs as directed by the court or a probation officer;
- you must submit to the supervision of a probation officer as required by the probation officer;
- you must undergo assessment and treatment for drug dependency as directed by a probation officer,·
- you must submit to testing for drug use as directed by a probation officer;
- you must undergo assessment and treatment for alcohol dependency as directed by a probation officer;
- you must submit to testing for alcohol use as directed by a probation officer; and
- you must submit to medical, psychological or psychiatric assessment or treatment as directed by a probation
I explain to you Ms Cashman that if you do, in fact, commit any offence punishable by imprisonment, you can be brought back to this Court and application made that you serve the period of imprisonment. The law is that a judge must activate the sentence unless it is unjust to do so.