STATE OF TASMANIA v CHRISTOPHER LEWIS EMERY GEASON J
COMMENTS ON PASSING SENTENCE 14 OCTOBER 2019
You appear for sentence today upon your conviction on a single count of assault. I find that on 28 February 2018 you attended at an address at Lauderdale. You went there with your father. Your sister resided at that address. Also present there was the complainant Mr Pearsall. He intended to board with your sister and assist her to meet the cost of renting and running the house.
When you arrived he was vacuuming the floor. For no obvious reason you struck him causing him to fall to the floor. He describes being knocked out. He described pain around his left eye and to the sides of his head. He was bleeding from cuts to his nose. He described being fearful in the aftermath of the attack. He sustained left eye bruising and left nose bridge bruising, and there is some suggestion in the medical reports, of a likely fracture around the eye. That report, relevantly, describes the complainant as distressed and tearful when recounting events. It was clear from his evidence that the episode caused him significant distress, and that distress appeared to me to continue as he was giving his evidence in this Court, some considerable time after the event.
Part of that arises from the fact that he has absolutely no idea why you did that to him. In my view, there is no adequate explanation for your conduct and certainly no justification for it. Yours was a cowardly act involving the infliction of considerable force, effectively from behind. Your victim was not expecting to be struck. On the evidence he was actually helping your sister by vacuuming the floor of her house.
I listened carefully to the submissions made on your behalf by your counsel and I have regard to them. I have also received a report which I was urged to obtain for the purposes of considering your suitability for home detention. You will recall that I said to you at the time that that was not in any way to be taken as a sentencing indication. In the meantime I have determined that such course would have been an inappropriate one in the circumstances. But, in any event, that report indicates that you are not considered suitable for such order.
I note the contents of the report more generally, and I note that the passing of your father apparently caused an impact on your mental health. I note that a relationship of about 12 years duration, ended at about this time. It continues in some form or another because you have two children to that former partner. You also have two other children who are in the care of the State whilst their mother is in custody. You do not have a relationship with these children. I note health and substance abuse issues are reported and there is a long history of drug use commencing with cannabis when you were about 15. Apparently you continue to use cannabis on a daily basis spending approximately $175 per week doing so. The report also indicates that you became addicted to morphine at the age of 18 and that this developed into an $800 a day habit which culminated in intervention from Alcohol and Drug Services, and your being place on the Suboxone program. Apparently you have ceased involvement in that program. It is apparent to me from the report that you have been making an effort to avoid the use of illicit substances other than cannabis in the period since.
As I have indicated, you are determined to be unsuitable for home detention, you are also determined to be unsuitable for community service, and while there is a recommendation that I make a supervision order it is recorded that you have a significant history of being unsuccessful in reaching goals and completing any community based order imposed by the courts. I also note that the report has not been read to you because you failed to attend two scheduled appointments set down for that purpose. In the circumstances, it is my view, that making a community corrections order in your case is pointless. You have an appalling history of non-compliance with Court orders though I accept that violence has not been a feature of your criminal behaviour.
Your employment history is poor, though I note you did do some work for your father during his life. You receive a disability support pension. There is more than $18,000 in fines outstanding against your name, and you have not commenced making payment of these.
This was a cowardly and violent act. It requires a strong sentence from the Court. That is necessary to deter you and others from behaving this way. It is particularly important to vindicate your victim.
In the circumstances I have determined that the appropriate penalty is 10 months’ imprisonment. I will suspend the operation of 4 months of that sentence on condition that you commit no offence punishable by imprisonment for a period of 3 years. That means you will serve 6 months of that sentence from today.