CORMICK, J A

STATE OF TASMANIA v JARRED ANTHONY CORMICK 3 NOVEMBER 2022

COMMENTS ON PASSING SENTENCE JAGO J

Jarred Cormick, you have pleaded guilty to one count of attempting to commit armed robbery. I am also dealing with your pleas of guilty to the summary offences of possess a firearm to which a firearms licence may not be issued, use a firearm whilst under the influence of alcohol or other drugs and breach of a Family Violence Order by being in possession of a firearm.

All of these charges arose out of an incident on 17 April 2022. At about 6.30 pm that day, you and your friend, Ms Lockwood, walked to the Coles Supermarket in Newstead. You took with you a black imitation 9 millimetre pistol that you had found at Ms Lockwood’s address. You were dressed in dark coloured shorts, a black hooded jumper with the hood over your head, a black hat and a black skeleton COVID facemask. You went to the front service counter at the supermarket to purchase cigarettes. Whilst there, you removed the firearm from the rear of your shorts, briefly pointed it straight ahead at no one in particular, before putting it away. After purchasing the cigarettes, you and Ms Lockwood left the supermarket and went to the rear loading bay car park. In this area, you approached the complainant, who was a 15 year old youth, and his friend, who was 16. You did not know these young people. As you approached them, you pulled your facemask up to cover your face and said to them “What’s up lads?”. They replied “Not much”. As they began to move away from you, you called out to them in a rather aggressive tone and said, “Hey, I’m talking to you. Look at me.”

In response, the complainant turned and whilst you were standing approximately two to three metres from him, you said “What have you got?” The complainant replied he did not have anything. At that point, you produced the firearm from your belt and pointed it at the complainant. You walked closer to him and said “Have you got any money? What have you got?”. You asked the complainant for his wallet. He told you he did not have a wallet. At this point, a truck drove slowly past and you quickly hid the firearm. After the truck departed, you asked the complainant to come with you and nodded in the direction of the nearby Coles Express service station. The complainant stayed where he was and you again raised the firearm and pointed it at him and asked him did he have a wallet. The complainant said he did not have any money. You continued in an aggressive tone demanding that he give you money.

The complainant continued to explain he did not have any. At that point, you asked his age. Fearful that he may be shot, the complainant said that both he and his friend were 14. At that point, you said “Okay. Sorry guys. All good” and began to walk away. The complainant returned home, advised his parents what had occurred and police were called.

On 19 April, police executed a search warrant at Ms Lockwood’s residence. Both of you were present. You produced the firearm from a bag in the lounge. You also assisted police to locate the clothing you were wearing at the time. You were subsequently arrested and participated in a record of interview. You told police that you had been consuming alcohol and methyl amphetamine before going to the supermarket. You said it was your decision to take the firearm and that you were just “messing around with it, being stupid”. You told police drugs made you feel confident and if you were not on drugs you would not have taken the firearm. You admitted to police there had been an interaction with the two youths and agreed you had pulled the firearm out, but suggested it was simply to show them the item. You denied you had demanded money. You also said you were drunk and could not really recall the conversation.

The firearm was capable of discharging a single gel projectile by means of compressed air and therefore was an air pistol, pursuant to the provisions of the Firearms Act. At the relevant time, you did not hold any firearms licence. You also admitted handling the firearm whilst under the influence of alcohol and methyl amphetamine. Because you were the subject of a Family Violence Order, your possession of the firearm breached a condition of that order.

Following the interview you were charged. You were initially refused bail and you spent ten days in custody.

You are now 26 years of age. You have a number of relevant prior convictions from Queensland, including for common assault and larceny. In 2016, you were convicted of being armed with intent to commit an indictable offence. In respect to that charge, you received a 15 month period of imprisonment, suspended on condition you attend at, amongst other things, drug and alcohol rehabilitation. You have spent time in custody, both as a youth and as an adult, for many offences involving violence and dishonesty. It seems your offending behaviour has for some time been linked to a longstanding drug addiction.

You had a difficult childhood. As a young child, you displayed a number of behavioural issues and your mother was unable to care for you. You went to live with your father at the age of 12. Your father drove long haul trucks for a living. He took you out of school and you travelled with him on those journeys. Your father was a regular user of drugs and provided them to you from a young age. You have been a regular drug user since the age of 12. You have used cannabis, heroin, speed and ecstasy. You perceive drug use as normal. It was common place in the environment in which you were raised.

Approximately four years ago, you moved to Tasmania in an effort to free yourself from drug addiction. Unfortunately, you soon began to use, and became addicted to methyl amphetamine. At the height of your methyl amphetamine addiction, you were using approximately seven grams per week and consuming cannabis in high levels.

You are currently in a stable relationship. Your partner is pregnant. You have a child to previous relationship, who is in the care of Child Safety. I am told you are committed to having contact with her on a regular basis. At the time this incident occurred, you were in the grips of your methyl amphetamine addiction. You also suffer from a number of mental health difficulties. Your drug use exacerbates those conditions. You have an arachnoid cyst on your front right lobe. This impacts upon your health and leads to regular seizures. Again, your drug use exacerbates this medical condition. To your credit, it does appear as though you are currently motivated to address your drug addiction. I was told at the sentencing hearing that you had made arrangements to enter into the Bridge Programme as at 19 October. Prior to this, it was intended that you would undertake a one week programme at the In-patient Withdrawal Unit. It seems your attendance at the In-patient Withdrawal Unit was cut short because you were non-compliant with some of their rules. I note that the rule with which you were non-compliant was not related to drug use. I am satisfied that despite the poor start you made to your intended rehabilitation, I should nevertheless continue to provide you with an opportunity to demonstrate you are willing to commit to your rehabilitation, and I should not consider your early exit from the In-patient Withdrawal Unit as indicative of an unwillingness to participate in future rehabilitation programmes. I accept that you have recognised that your drug addiction has had a very deleterious impact upon your life.

I am satisfied there is a direct nexus between your drug addiction and this offending. You told police that your use of drugs made you feel confident and that but for that use, you would not have acted as you did. I take into account that you desisted from your actions once you appreciated the age of the young persons involved. I also give weight to your plea of guilty, which I accept was entered at an early stage, and your co-operation with police, although I note you certainly did not make full admissions.

I obtained an assessment report for your participation in a Drug Treatment Order. The report confirms that you do appear motivated to address your drug addiction. It also confirms that you had, of your own volition, sought a placement in the In-patient Withdrawal Unit and the Bridge Programme, although I have noted the outcome of such placements. The report comments that you can see the benefits of rehabilitation and that you understand you need targeted support if you are to successfully address your drug addiction. You have been assessed as suitable for a Drug Treatment Order.

Plainly, this was a very serious matter. It involved an incident where you made demands in the presence of two young people and one, in particular, was threatened with a firearm. Whilst I accept that your behaviour was not pre-meditated and was largely opportunistic, that of course does not diminish in any way the fear the young complainant must have felt when you pointed the firearm at him. I accept that the pistol discharged only gel projectiles and therefore was unlikely to cause significant physical harm, but your use of the weapon undoubtedly caused fear and apprehension. The youths were simply going about their business and I have no doubt experienced trauma as a consequence of this incident.

In my view, given the steps you have taken to begin to address what has obviously been a long term drug addiction, it is appropriate to place some emphasis upon your ongoing rehabilitation in the sentencing exercise. The contents of the Drug Treatment Order assessment report suggests that you have a degree of insight into your difficulties and have expressed a willingness to commit to rehabilitation. In all of the circumstances, I am satisfied that a Drug Treatment Order is appropriate.

I will impose one sentence across all matters. You are convicted of all charges to which you have pleaded guilty. Subject to your agreement, I make a Drug Treatment Order pursuant to s 27B of the Sentencing Act. The custodial part of the order is a term of imprisonment of 22 months. You are not required to serve all or any of the custodial part of the Drug Treatment Order unless it is activated. It may be activated if you fail to comply with the treatment and supervision part of the order, which has the following core conditions:

You must not in Tasmania or elsewhere, commit another imprisonable offence;
You must attend the Magistrates Court of Tasmania in Launceston at 2.15 pm on 6 December 2022 and thereafter attend the Magistrates Court or this Court as and when directed to do so by the Court;
You must report directly to a Court Diversion Officer at Community Corrections, 111 Cameron Street, Launceston within two clear working days of today;
You must undergo such treatment for your illicit drug use problem as directed by your case manager or Court Diversion Officer or as from time to time specified by the Magistrates Court or this Court;
You must report to and accept visits from your case manager or Court Diversions Officer;
You must, unless there are special circumstances, give your case manager at least two clear working days’ notice before any change of address;
You must not leave Tasmania except with the permission, granted either generally or in a particular case, of the Magistrates Court or this Court;
You must comply with all lawful directions of the Magistrates Court or this Court;
You must comply with all reasonable directions of your case manager and Court Diversion Officers concerning the core conditions and programme conditions of this order.

There will be further programme conditions of the order, namely that:

Throughout the duration of the order, you must reside at an address approved by your Court Diversion Officer or case manager and not change that address without the prior approval of the Court, your Court Diversion Officer or case manager;
You must not use or possess any controlled substance within the meaning of that term in the Misuse of Drugs Act 2001;
You must not use any medication unless prescribed to you by a treating medical practitioner, approved by your Court Diversion Officer and in accordance with the medication directions for use;
You must submit to random testing for the presence of drugs as directed by you case manager or Court Diversion Officers;
You must submit to urinalysis as directed by your case manager or Court Diversion Officers;
You must submit to oral fluid testing as directed by your case manager or Court Diversion Officers;
You must submit to detoxification or other treatment, whether or not residential in nature, as directed by your case manager or Court Diversion Officers;
You must not associate with persons or classes of persons as directed by your case manager or Court Diversion Officers;
You must attend for assessment, and if deemed suitable, participate in and complete any vocational, educational, employment, rehabilitation or other programmes including the Equips Addiction programme as directed by your case manager or Court Diversion Officers;
You must attend counselling and/or treatment as directed by your case manager or Court Diversion Officers;
You must submit to medical, psychiatric or psychological treatment as directed by your case manager or Court Diversion Officers;
You must maintain the use of and remain contactable by a mobile phone that is capable of receiving messages about drug testing, case management and/or counselling appointments from your case manager and Court Diversion Officers;
You must not consume alcohol throughout the duration of the order.
You must remain contactable at all times.

Now Mr Cormick, I appreciate the conditions attaching to the Drug Treatment Order were voluminous and in due course, you will receive a copy of those conditions in writing, but do you agree to the making of the order in those terms?

Alright, that is the order I make then.

I make a further order that the imitation firearm seized by Tasmania police be forfeited to the State of Tasmania. I note the weapon has minimal value.