STATE OF TASMANIA v KYE JOSEPH WILLIAM DODT 13 AUGUST 2024
COMMENTS ON PASSING SENTENCE (RE-SENTENCE) JAGO J
I have before me an application for breach of a suspended sentence pursuant to s 27 of the Sentencing Act 1997. The respondent does not show cause in respect to the application.
On 24 July 2023, I sentenced the respondent to 12 months’ imprisonment, backdated to commence on 14 June 2023 with the balance period of imprisonment suspended for a period of two years on condition that he not commit another offence punishable by imprisonment. The facts of the wounding charge for which I sentenced the respondent are set out in my Comments on Passing Sentence of 24 July 2023 and I do not stay to repeat them. It is sufficient to say that following a social occasion in which a considerable amount of alcohol was consumed by you and others present, you became involved in an altercation with the complainant and then used a knife to stab him at least three times to his body causing life threatening, penetrating wounds to his sternum and liver. At the time I sentenced you Mr Dodt, I told you it was “a finely balanced decision” to suspend the period of imprisonment and that you needed to focus on your rehabilitative endeavours.
You breached the terms of the suspended sentence by committing the offences of destroy property, common assault and a breach of a Family Violence Order in September 2023, so within a short time of the imposition of the suspended sentence. For these offences, you were sentenced to four months’ imprisonment by the Magistrates Court. Sensibly, you do not contend that it would be unjust to activate the suspended period of imprisonment. Rather, on your behalf, your Counsel submits I should impose a minimum non-parole period and allow you the opportunity to continue to try and improve things upon your release. To that end, I have read and considered a forensic mental health service report provided to the Magistrates Court at the time that Court sentenced you for the breaching offences.
The report identifies a number of mental health conditions from which you suffer and recommends treatment in an endeavour to reduce the risk of further violence. I am told you are amenable to receiving assistance in respect to your mental health difficulties. It can only be hoped that that eventuates. I am of the view that it is appropriate in all of the circumstances to impose a minimum non-parole order.
The orders I make, therefore, are as follows. The application for breach of suspended sentence is granted. I order the period of imprisonment of 10 months and 21 days, which was suspended, now be activated and you be required to serve it. That period of imprisonment will commence as at 18 April 2024. I order that you be eligible for parole upon serving one half of that period of imprisonment.