STATE OF TASMANIA v ANTON TONY DOMARECKY 16 DECEMBER 2020
COMMENTS ON PASSING SENTENCE PEARCE J
On 19 June 2020 I made Mr Domarecky subject to a home detention order for eight months for drug offences committed in 2019. Application is now made by the State pursuant to the Sentencing Act, s 42AH, for cancellation of the order. The application is not made because Mr Domarecky has not attempted to comply with the terms of the order. To the contrary, his compliance has been exemplary. However, in his particular, somewhat idiosyncratic circumstances, it is too difficult for him to continue to comply with the order. Compliance for him is much more onerous than is usually the case. He lives alone. He has no social supports other than the officers who are supervising his detention. He is not eating properly. He does not cook and is unable to eat out and does not have the skills to or order food for himself. His anxiety and stress has markedly increased. In short, his physical and mental health has significantly deteriorated. The staff at Community Corrections are concerned for his welfare and support the application.
I am satisfied he is no longer able to comply. I think that in the six months since the order was made he has been punished enough. I will cancel the order and, taking into account his level of compliance, substitute a Community Corrections order with supervision for four months. The only special condition required is for supervision by a probation officer.
I order that the home detention order made on 19 June 2020 is cancelled. I make a community corrections order for a period of four months from today. The core conditions of that order will be specified in the order and include that Mr Domarecky not commit an offence punishable by imprisonment, that he report to and comply with the directions of a probation officer, that he must not leave Tasmania without permission and that you must notify of any change of address. I impose special conditions that he must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer.