STATE OF TASMANIA v MATTHEW FLEMING 8 JUNE 2022
COMMENTS ON PASSING SENTENCE BLOW CJ
Mr Fleming has pleaded guilty to two charges of wounding, as well as two summary offences that I will deal with under s 385A of the Criminal Code – a charge of destroying property and a charge of abusing police. The charges relate to separate incidents in January and October of last year. On each occasion Mr Fleming attacked and injured one of his brothers, Daniel Fleming.
Mr Fleming has a very unfortunate background. He was removed from his parents when he was four years old. Before then he and his brothers were exposed to significant neglect, family violence and parental substance abuse. He lived with foster parents from the age of 4 to the age of 17. Since leaving their home his existence has been chaotic. He has never had employment. He has never had stable accommodation. He has been homeless at times. At other times he has returned to live with his biological parents, despite disputes, violence and substance misuse. He is of low to average intelligence. A psychiatrist, Dr Jordan, has reported that he has an unstable sense of self, as well as problems with impulsivity, anger, and recurrent suicidal behaviour. There is no evidence that he suffers from any form of psychosis, but he has little ability to form constructive and trustful relationships. In 2020 he was admitted to hospital on two occasions for the treatment of injuries which he said resulted from assaults committed upon him when he was intoxicated.
On 15 January 2021 Mr Fleming was at his parents’ home with them, his brothers and a friend. A lot of drinking took place. Shortly before 10 pm he argued with his brother Daniel about some cannabis. They began to fight. He put his brother in a headlock. His brother pulled his hair. A friend separated them, and took the brother upstairs to his bedroom. Mr Fleming took a knife from the kitchen, chased the brother upstairs, kicked the bedroom door in, yelled at him, threatening to kill him, ran at him, and stabbed him twice to the arm. Others intervened. Mr Fleming ran downstairs, smashed a window by throwing a garden stake through it, and ran away when the police were arriving.
He was arrested and interviewed, and made significant admissions. He was charged and bailed. In relation to this incident he pleaded guilty to a charge of wounding in the Magistrates Court last November. He has also pleaded guilty before me to a charge of destroying property in relation to the bedroom door and the broken window.
His wounded brother was taken to hospital by ambulance. He underwent surgery to clean and repair his wounds, and was discharged the following day.
The second incident that I am concerned with occurred on 5 October 2021. It appears Mr Fleming had been living at his parents’ home again for about four weeks at that time. After various family members had drunk a large amount of beer and smoked some cannabis, Mr Fleming got into an argument with his brother Daniel at about 7.20 pm. In the course of the argument Mr Fleming fetched a metal star picket from outside the house and struck Daniel to the head with it from behind while Daniel was sitting on a couch. He screamed for help. The brothers’ parents came out of their bedroom, and Mr Fleming left the building. Police officers spoke to him at the scene. He made some unpleasant comments about his brother, swore at the police officers repeatedly, and was arrested. He has been in custody ever since.
His brother was taken to hospital by ambulance with a seven centimetre wound to the right side of his scalp. The wound was cleaned and glued. The complainant was discharged from hospital after several hours.
In respect of that incident Mr Fleming pleaded guilty to a second charge of wounding in the Magistrates Court last November. He has also pleaded guilty before me to a charge of using abusive language to police officers by calling them “cunts” and calling one of them a “piece of shit”.
Mr Fleming is now 23 years old. He has no significant prior convictions. He co-operated with the police and made significant admissions after each incident. He pleaded guilty to the wounding charges at an early stage when the proceedings were still in the Magistrates Court. After the second incident he did not apply for bail, recognising that he would be pleading guilty and would be sentenced to imprisonment.
Dr Jordan made it clear in his report that he considered that efforts should be made to remediate the damage caused by Mr Fleming’s early years. He said that he required social support, skills training, ongoing psychotherapy, support in terms of his substance misuse, and appropriate accommodation. I have not obtained a pre-sentence report from a probation officer in this case, and would not normally make an order for a period of supervised probation without one. However, I think it is clear from Dr Jordan’s report that such an order is desirable.
I think the most appropriate course in this case is for me to impose a sentence of imprisonment that is backdated to the day of Mr Fleming’s arrest, to suspend most of the unserved part of that sentence, and to order supervised probation. A significant prison sentence is called for because of the violence inflicted by Mr Fleming on his brother on two occasions. It counts against him that he was on bail in relation to the first incident at the time of the second.
Matthew Fleming, I convict you on all charges and sentence you to sixteen months’ imprisonment with effect from 5 October 2021. I suspend six months of this sentence on condition that you commit no offence punishable by imprisonment within two years after your release from prison. I make a community correction order, to operate for eighteen months after your release from prison, with special conditions that, during the operational period of the order, you must:
- Submit to the supervision of a probation officer as required by the probation officer;
- Undergo assessment and treatment for drug and/or alcohol dependency as directed by a probation officer;
- Submit to testing for drug and/or alcohol use as directed by a probation officer;
- Submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer; and
- Attend any programs, including residential programs, that a probation officer requires you to attend.
I order you to pay $397.47 within 28 days to the entity known as Centacare Evolve Housing as compensation for the damage to the door and window caused by you.