DAVIDSON, W

STATE OF TASMANIA v WILLIAM DAVIDSON                        29 SEPTEMBER 2022

COMMENTS ON PASSING SENTENCE                                                                 JAGO J

 

William Davidson you have been found guilty by a jury of one count of unlawfully injuring property.  You were found not guilty in respect to three counts of assault on a pregnant woman.

 

In the early hours of the morning on 31 March 2020 you and your then partner became involved in a heated argument. The argument was reflective of obvious trust and jealousy issues that permeated your relationship at that time. You saw on her phone a Snapchat message. You took the phone from her, presumably to look at the message. She demanded it back. You refused to give it to her. An argument ensued. During the course of the argument you twisted and snapped the phone and then dropped it to the floor and kicked it.  Your actions destroyed the phone. You later threw it away over a back fence.

 

You are 41 years of age. The relationship with the complainant has now ended. You have no relevant prior convictions in Tasmania.  There are some fairly dated matters from Victoria, but they do not have a significant impact upon sentence in my view.

 

In all of the circumstances the most appropriate course is a conviction and fine.  I also intend to make an order pursuant to s 13A of the Family Violence Act that this matter be recorded as a family violence offence.  I am satisfied that you were in a significant relationship with the complainant.  You had been in a relationship with her for approximately 9 months, and although the two of you did not live together she spent considerable periods of time at your residence. The relationship was sexual. She was pregnant with your child.  There had been an indication by you that you were committed to the relationship with the complainant and the new child. You said in your record of interview that you had declined to relocate to the mainland with your previous partner and child because of the ongoing relationship with the complainant.  You had been engaged to the complainant although the status of the relationship at the time of the incident is somewhat unclear.  In all of the circumstances, I am satisfied this was a significant relationship and therefore this is a family violence offence.

 

You are convicted and fined the sum of $500. I order the matter be recorded as a family violence offence pursuant to s 13A of the Family Violence Act. I make a compensation order in favour Megan Anthony, the terms of which will be adjourned sine die.