STATE OF TASMANIA v ADRIAN MICHAEL CLARK 16 DECEMBER 2021
COMMENTS ON PASSING SENTENCE MARSHALL AJ
Mr Clark has pleaded guilty to one count of aggravated burglary and one count of wounding. Mr Clark is 51 years of age. On 11 February 2021, Mr Clark armed himself with a knife with a 15 centimetre blade and drove to the house of the complainant at Penna. He went there with the intention of using the knife to obtain $80 the complainant had borrowed from him. He took the knife with him because he believed the complainant may become aggressive. The complainant and Mr Clark had earlier exchanged nasty text messages about the debt. The complainant, according to Mr Clark, told Mr Clark to collect the money from the complainant at the Penna residence.
There is a conflict between the Crown statement of facts and what Mr Clark told Community Corrections about whether the front sliding door of the premises used by Mr Clark to gain access was locked or unlocked. The plea of guilty to the aggravated burglary suggests acceptance that there was a forced entry. There is also a conflict between Mr Clark and the Crown statement of facts regarding whether Mr Clark had permission to enter the residence. However forced entry is inconsistent with being welcomed to enter. Mr Clark’s counsel accepts that the Court should proceed on the basis of the Crown’s statement of facts.
Mr Clark found the complainant in his bedroom with the complainant’s partner. Mr Clark yelled, saying, “I want my fucking money back.” The Crown statement of facts alleges that Mr Clark waved the knife around and deliberately struck the complainant’s left hand. Mr Clark told Community Corrections that the injury was not intentionally inflicted and occurred when both men came together. Even so, waving a knife around in close proximity to the complainant raised a situation where it was reasonably foreseeable that the complainant may be injured by the knife, especially as the knife was held in an upright manner. Mr Clark’s counsel did not ask the Court to depart from the Crown statement of facts.
Mr Clark is extremely remorseful. He is ashamed and embarrassed by this behaviour. Since the incident he has been engaging in fortnightly mental health treatment with a psychologist. His guilty plea is also indicative of his remorse, notwithstanding that he sought to downplay his conduct in an interview with Community Corrections.
Mr Clark spent one night in custody in relation to this offending. The complainant’s wound required minor medical treatment, and he has had no long-lasting physical effects from his injury. His victim impact statement reveals that he has suffered mental trauma as a result of this incident, including greatly increased anxiety.
Mr Clark has no relevant recent prior offending of any note. He has commenced a long-standing rehabilitation effort since 2014 after some earlier offending. He has been assessed as suitable for a home detention order. He lives alone in rented accommodation where he has resided for 10 years. His landlady is a close friend and she has assured him that he can continue to reside there for the next 18 months. Electronic monitoring is feasible at that address. Mr Clark has an extensive work history, mostly in retail and car detailing, but is currently on a disability support pension due to issues arising out of injuries suffered in a motor cycle accident. He receives a social security benefit of $1,100 per fortnight. He has no financial concerns or gambling issues. He has no outstanding fines. He has had no issues with illicit substances since 2014 when he ceased to use cannabis. He no longer drinks alcohol. He is currently being treated for depression, anxiety, PTSD, bipolar disorder and schizophreniform. His mental health has been stable since the offending. He has chronic pain resulting from his motor cycle accident. Mr Clark has also been assessed as suitable for a community-based supervision order from Community Corrections. This will enable his mental health to be monitored, and encourage him to engage in pro-social activities.
I formally convict Mr Clark of the offences in relation to which he has pleaded guilty. In all the circumstances I consider it appropriate to make a home detention order for a period of 12 months commencing today (16 December 2021). If a home detention order was not made, I would have sentenced Mr Clark to a term of imprisonment, albeit that most or all of it would have been suspended. I have considered the pre-sentence report from Community Corrections. I note Mr Clark consents to a home detention order being made.
The following are the conditions of the home detention order, in addition to other core conditions provided by s 42AD of the Sentencing Act 1997:
1 Mr Clark must, during the operational period of the order, submit to electronic monitoring, including by wearing or carrying an electronic device.
2 During the period Mr Clark is required to submit to electronic monitoring:
(a) he must not remove, tamper with, damage, disable or interfere with the proper functioning of any electronic devices or equipment used for the purpose of electronic monitoring;
(b) he must not allow anyone else to remove, tamper with, damage, disable or interfere with the proper functioning of any electronic devices or equipment used for the purpose of electronic monitoring
(c) he must comply with all reasonable lawful directions given to him in relation to electronic monitoring, including in relation to the installation, attachment or operation of a device or a system used for electronic monitoring by:
(i) a police officer;
(ii) a probation officer or other prescribed officers;
(iii) another person whose functions involve the installation or operation of a device or system used for the purpose of electronic monitoring.
3 Other special conditions attached to the home detention order are as follows:
(a) Mr Clark must, during the operational period of the order, remain at [address] at all times, unless approved by a probation officer.
(b) Mr Clark must attend the Community Corrections office at Highfield House, 114 Bathurst Street, Hobart for an induction into this order. He must attend the service for induction during normal business house, and no later than 10am tomorrow (17 December 2021).
(c) Mr Clark must, during the operational period of the order, maintain in operating condition an active mobile phone service, provide contact details to Community Corrections, and be accessible for contract through that device at all times.
(d) Mr Clark must submit to the supervision of a Community Corrections officer as required by that officer.
4 I also make a community-based supervision order for a period of 12 months, subject to core conditions imposed by the Sentencing Act, and any other lawful directions from an officer of Community Corrections Tasmania.