STATE OF TASMANIA v WILLIAM GRATTEN COLE 1 JULY 2022
COMMENTS ON BREACH APPLICATION PEARCE J
This is an application to breach a suspended sentence imposed by me on 28 February 2022. On 22 July 2020 I sentenced the respondent, William Cole, to a term of imprisonment of 10 months from 25 May 2020 for child exploitation and bestiality material offences. Part of that term, six months, was suspended for 18 months. The conditions of the suspended sentence were breached by Mr Cole by committing other offences and failing to comply with his obligations under the Community Protection (Offender Reporting) Act 2005.
As a result the six month suspended term was activated but this time two months of that term were suspended. Nevertheless, again the conditions of that two month suspended term have been breached. He was found loitering with young people, in contact with a child and failed to inform the authorities about phone and internet details. He will be sentenced separately for those offences but they form the basis of this application to activate the two month term.
It is accepted that the conditions of that suspended sentence have been breached and no reason has been advanced that it would be unjust to activate this sentence. Accordingly, I order that the two month suspended part of the sentence imposed by me on 28 February 2022 be activated and served from 20 April 2022.