STATE OF TASMANIA v SETH ANDREW COOPER-HANFLING 24 SEPTEMBER 2024
COMMENTS ON PASSING SENTENCE PEARCE J
Seth Cooper-Hanfling, you plead guilty to armed robbery and resisting a police officer. At about 5.00 pm on 22 January 2024 you went into a convenience store near the Hobart CBD. There was a sole shop attendant, a young male. You asked to buy a vape. The shop attendant, despite your repeated requests, refused to provide it without identification. You told him he was out of his mind, threatened to bash him, and then produced a hammer from inside your track pants. You waved it near his face and threatened again to bash him and take the contents of the till if he did not give you a vape. He eventually gave you two broken vapes worth about $80. You grabbed them and ran out of the store. The police were called. They viewed the CCTV and found you with the hammer and one of the vapes not long afterwards.
You were placed under arrest. When the police tried to restrain you, you violently resisted by pulling away and struggling. You threatened to kick them and abused them in a highly coarse and disrespectful way.
You were 18 when this happened. You are now 19. You were brought up in Tasmania by your mother but, when you were about 17, you came into conflict with her. I suspect that was mostly because of the way you were behaving. You went to Queensland for a while to live with your father but that did not work out and you were soon back here. It is very concerning that you are abusing drugs and alcohol. You were heavily affected when this crime was committed but that does not make it any less serious. Courts in this State and elsewhere have long emphasised the seriousness of the crime of armed robbery. Nothing of real value was stolen and no violence was inflicted, but crimes like this are very serious because of the highly damaging effect that they can have on victims like the young man who you threatened. He was in a very vulnerable position. You subjected him to serious threats of violence with a weapon. People in his position may be extremely frightened and traumatised and the effects can be lifelong. My duty is to impose a sentence which punishes you and protects the public by hopefully deterring you and others from committing crimes like this for fear of what the consequences might be. To say that you showed a high level of disrespect to the police is an understatement and they are entitled to the protection of the law as well.
It is in your favour that you pleaded guilty. You have already been in custody for a considerable period. You are at a crossroads. It is to be hoped that you now appreciate see the risk that you run if you continue along the path you have been on. You can go back to living with your mother following your release. You have her support, as well as the support of your grandmother and the Tasmanian aboriginal community. Young men should not be sent to prison unless there is no acceptable alternative and so I have decided to suspend the balance of the sentence I am about to impose so that you can be released today. But you should be left in no doubt that it you commit another offence, which includes any type of offence punishable by imprisonment, you will very likely be back into prison again. So the choice is yours as to what happens. To assist you I will impose a condition on the suspended sentence that you be supervised by a probation officer. That is not only designed to punish you and to keep an eye on you but to help you address the issue with drugs and alcohol and help you with employment and other programs.
You are convicted on both counts on complaint 934/24. I impose one sentence. I order that the hammer and the IGET branded vape seized by the police be forfeited to the State and I make a compensation order in favour of the proprietors of the American Convenience Store in the sum of $80.00. You are sentenced to imprisonment for 15 months from 28 May 2024, the balance of which is suspended for 18 months from today on the following conditions:
- You are not to commit any offence punishable by imprisonment during that period. If you breach that condition you will be required to serve the balance of the term unless that is unjust.
- During the 18 month operational period of the order, commencing today, you will subject to the supervision of a probation officer. The conditions referred to in s 24(5B) of the Sentencing Act apply to this condition and will be set out in the order you will be given. These include that you must report to a probation officer at the office of Community Corrections in Hobart within two clear working days, you must submit to supervision and comply with the directions given by your probation officer, you must not leave Tasmania without permission and you must notify of any change of address or employment.
- In addition to those conditions, the order will also include the following special conditions that you must, during the operational period of the order:
- submit to the supervision of a Community Corrections officer as required by that officer; and,
- attend educational and other programs, undergo assessment and treatment for alcohol or drug dependency, submit to testing for alcohol or drug use and submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer.