STATE OF TASMANIA v VANESSA DARE 16 NOVEMBER 2021
COMMENTS ON PASSING SENTENCE GEASON J
Ms Dare you have pleaded guilty to aggravated burglary, burglary and stealing, and a fourth count of stealing a firearm or firearm parts. All the offending was committed at a property in Boat Harbour belonging to a Mr Wilton and occurring in January 2019. By your plea of guilty you accept responsibility for these crimes though I acknowledge that you are not directly involved in executing all of them. Your liability arises as a participant in the plan which was executed over those two nights. Others have been charged for offences arising out of this episode and all of have pleaded guilty to those charges.
The charge of aggravated burglary relates to the house and the burglary and stealing charges relate to the shed located at the property. Your plea of guilty in respect of the property which was stolen relates to 15 boxes of firearm ammunition, a chainsaw, a black and decker grinder, a metal tool box, an electric polisher, a firearm safe key, a house key, a drive shaft and in relation to count 4 the theft of a Sako .22 rifle.
On 12 January 2020 police executed a search warrant at an address in Acton occupied by one of the other offenders, Ms Whiley. There police found the Sako .22 rifle in the boot of a vehicle. A Mr Jones claimed ownership of it which of course was untrue, as it belonged to Mr Wilton.
A further search warrant was executed on 15 January 2020 at the home of another person. There police found a stolen toolbox, and also seized a close circuit TV hard drive which became crucial in implicating you. The footage which was extracted from the hard drive showed you in the backyard of another property in Boat Harbour between 12 am and 2.45 am on 12 January, along with other co-accused. A vehicle is seen to travel from that address, and return a little after 3 am. You emerge from the car holding property including the toolbox. Later you are seen carrying other property from the car. The car was registered to your mother.
On 6 February 2020 you were arrested by police. You were transported to Burnie police station and participated in a recorded interview. You denied involvement in the burglary, and to being present at the address in Boat Harbour on either 11 or 12 January. You denied unloading any property from the car. When asked about the CCTV footage you responded that you do drugs and do not remember much. You did not seek to view that footage and when pressed about the possibility of your involvement in the offending responded that you do not know whether you were involved or not. You were charged and bailed.
The Crown accept that you were only present on the second night and your direct involvement is limited to what occurred on that night. There is no evidence that suggests you are involved in any subsequent selling of the stolen firearms, but it is put to me and I accept that you would likely have been aware that they were taken from the property to be sold to third parties. I accept the Crown’s submission that your offending is similar to that engaged in by Ms Reeve, who was sentenced by Pearce J to 8 months’ imprisonment wholly suspended for 30 months on condition that she not further offend and that she complete a drug treatment order made by a magistrate in respect to other charges.
You appear before me with a limited number of prior convictions but there are some indications of dishonesty in the past, though relatively minor. Your record shows offending subsequent to this conduct but that does not, of course, constitute a prior conviction. Nevertheless you should be concerned about your propensity to engage in dishonest conduct, because if you continue it will result in your serving terms of imprisonment. That result will significantly impact your future prospects.
I was assisted by the matters put in mitigation by Mr Sheehy. He told me that you have little recollection of the matter, and this is attributable to your drug use at the time.
Drug use has been a problem for you, progressing from cannabis use to methamphetamine. You are apparently working to resolve issues in your personal life by obtaining support for mental health problems and you have been on the Suboxone program for fourteen or so weeks. You are receiving counselling. You are presently subject to a community corrections order made in the Magistrates Court for a period of 18 months.
As part of that order you are assisted in compliance with your mental health treatment order, and in building pro-social supports around you. Each of these measures will be a benefit to you if you take advantage of it, use it to turn things around and engage positively within the community. I note that you are looking for work in the hospitality industry and if you can obtain work you can obtain a degree of independence and that will assist you too.
The matters in respect of which you appear are serious, though, as I have noted your direct involvement is limited. In my view a sentence which encourages your rehabilitation is to be preferred over one which does not. However, in order to deter you and others from engaging in this sort of conduct in future, the sentence I impose must operate as a deterrent. I had you assessed for community based orders but for the reasons which I am prepared to accept and which are articulated in that report you are unable to undertake community service orders. In the circumstances, the only appropriate response therefore is a sentence of imprisonment, however, in order to encourage your rehabilitation I intend to suspend the operation of that sentence for a period.
I also intend to extend the community corrections order to provide for your continued support.
I sentence you on the indictment. You are convicted. I sentence you to six months’ imprisonment wholly suspended on condition that you commit no offence punishable by a term of imprisonment for a period of two years, and I make a community corrections order for a period of twelve months, to operate at the expiration of the current order. In addition to the core conditions I make a special condition that for the period of this order you are to comply with the reasonable directions of your probation officer with respect to treatment of alcohol and drugs abuse and participate in programs directed towards assisting you in relation to your mental health.
I make the orders sought by the State in respect of compensation and restitution.
The effect of that sentence Ms Dare is that in addition to extending the community corrections order, you have a six month sentence of imprisonment hanging over you if you commit no offence punishable by a term of imprisonment over the next two years that will be the end of the matter. If you do commit such offence then you may be required to serve that six months sentence.