STATE OF TASMANIA v RYAN JOHN FORD 13 JULY 2023
COMMENTS ON PASSING SENTENCE PORTER AJ
Ryan John Ford, the defendant, has pleaded guilty to one count of aggravated assault. I am also dealing with his pleas of guilty to summary charges of assault and possessing a firearm for which a licence may not be granted. The complainant is a woman with whom the defendant was then in a significant relationship, who I will call L.
At the time of the incident, the two lived together with their two year old son. The incident happened late in the afternoon on 14 October 2022, after the defendant had been picked up from a hotel by L, where he had been drinking for the afternoon. On the way home, the defendant was talking loudly, in response to which L told him not to be so loud; that he needed to stop drinking and sober up so that he could look after their child while she was at work. After they got home, the defendant went into the back yard with their son while the complainant got ready for work. She noticed he was on the phone and crying. She asked him if he was alright but he told her to go away and pushed her.
L then received a phone call from L’s aunt, asking if she thought he was capable of looking after the child. Somehow this came to the defendant’s attention, he became angry and started yelling at her about his ability to look after the child. He went inside and locked L outside, then barricaded the door to prevent her entering. She tried to climb through a front window at which point the defendant grabbed a stun gun (commonly referred to as a “taser”) and moved towards the window where she was. She went to the back door but he was there, again still armed. It seems he then went outside and then chased her around the vehicle parked in the driveway, still armed with the taser. She believed that he would use it on her if he got close enough. He desisted, returned inside and leant on one of the front windows causing it to break, although it is accepted this act was accidental.
He then ran outside, threw the taser away and started to run up and down the street. Police were notified and when they arrived at the scene they found him lying on the ground. He was obviously intoxicated and was making threats to end his life. He was taken to hospital for a mental health assessment. The next day he was arrested and interviewed. Apart from saying that he had been at the hotel and L had picked him up, he said that he did not remember anything else about what happened. He admitted owning a taser that he found in a park and which he kept with him in a bag. He said he vaguely remembered falling through the window.
The defendant is now 24 years old. He has a recorded history of offending but primarily for alcohol and drug related offences. In particular I note that on 31 March 2022 for driving and drug offences he was fined, disqualified from driving and made the subject of a community correction order requiring completion of 35 hours of community service. This offending occurred during the operational period of that order.
As to further personal circumstances, I have the benefit of counsel’s submissions, a report from Mr Hayes, a psychologist, and a pre-sentence report dated 3 July 2023. The defendant had a difficult upbringing. His parents had separated before he was born, and he was raised mainly by his mother. A step-father was mentally, physically and sexually abusive towards him. He had no contact with his father until 2014 but the relationship is described as shallow. He has had no contact with his mother or step-father for about five years. He completed grade 12 and then obtained a number of vocational qualifications. He has had various labouring jobs but in September 2022 started working in a timber mill/construction supply company, having been unemployed for a number of months. This is now a full-time position and he enjoys his work. His spare time was spent with his son.
As a teenager he was diagnosed with depression, something with which he has struggled for much of his life. In 2018 he became suicidal and made one attempt, apparently encouraged by his mother. In March 2022 through the Tasmanian Aboriginal Centre, a GP referred him to Mr Hayes to provide assistance with his anxiety and depression. In his report, Mr Hayes, notes a struggle with depression and anger management issues for several years with the use of anti-depressant medication for a time. Mr Hayes cites the lack of strong parental attachment, and a number of traumatic incidents through the defendant’s formative years, including sexual assault and assault. Mr Hayes says therapeutic intervention has assisted. The critical feature seems to be substance abuse as a coping mechanism; in particular excessive use of alcohol.
The defendant relayed to Mr Hayes that several stressful events at the time of the incident, such as dealing with new employment, relationship issues at the time, and alcohol misuse were all contributing factors. Mr Hayes notes the defendant is remorseful and takes full responsibility for his behaviour, seeking to address the issues he faces. In the pre-sentence report, it is noted that the defendant has limited memory of the incident, but agrees with L’s version of events and does not dispute the problematic nature of his behaviour. After the incident, the defendant is said to have sought immediate help and support from a family member, and then from Mr Hayes by way of an emergency appointment.
The defendant acknowledges his conduct as having had a significant impact on his family. He has had to live with his father although maintaining regular contact with his son, and L had to reduce her work hours, something the defendant acknowledges he was directly responsible for. Counsel informed me that he has not consumed alcohol to excess since this incident. His relationship with his family has altered in that a family violence order has now been varied and he spends two to three nights a week with L and their son. Apparently L is content to pursue full reconciliation. In Mr Hayes view, the risk of re-offending is low based on the actions the defendant is taking and the fact there has been no contravention of that order.
As to the offending itself, on any view the summary assault consisted of a minor push but it has to be viewed in the overall context of the incident. As to the firearms offence, I was told that the defendant in fact found the item – in circumstances not made known to the Court – and simply kept it, now accepting that he should not have done. Although not involving any actual contact, I regard the defendant’s threatening behaviour with the taser as serious. It involved immediate threats persisted in for some time at various points on the property, mostly trying to keep L outside. His state of intoxication, and general demeanour and behaviour in brandishing the taser would no doubt have caused L much fear and apprehension.
I regard it as an aggravating factor that the defendant committed these crimes while the subject of a community correction order and only about seven months after the relevant court appearance. I also consider it to be an aggravating factor that the defendant knew the child was, at least, on the premises at the time of the offending. It is not clear if the child actually witnessed the events, but s 13 of the Family Violence Act makes knowledge or recklessness of presence sufficient. I have general regard to the defendant’s mental health at the time. I take into account his pleas of guilty for which he is entitled to some credit, his remorse and immediate realisation that he needed to enlist the support of those who could help him. He has insight into his situation and shows willingness to pursue his rehabilitation.
Mr Ford, violence within relationships is a particular matter of great community concern. It is often difficult to detect, frequently involves vulnerable victims and is an insidious problem. It involves, as your conduct did, breach of trust within the relationship. All of this makes the need to condemn this sort of conduct and deter others from this type of offending very important. You reacted quite violently to a trivial issue. I take into account your mental health and the steps that you are taking to deal with that and your alcohol abuse. And, of course, you should simply not have had the stun gun in your possession. That of itself is a serious matter. Having carefully considered the case, I think a term of imprisonment is necessary to mark the seriousness of this incident of domestic violence, but the execution of the whole of that term can be properly suspended. That will be accompanied by an order having some immediate impact on you.
You are convicted of all matters and sentenced to nine months’ imprisonment, the execution of which is suspended on condition you commit no offence punishable by imprisonment for a period of 18 months. In addition, I make a community correction order, the operational period of which will be 12 months and will include the following conditions. You must attend educational or other programs as directed by a probation officer, and you must, within the operational period, complete 80 hours of community service. You will have to report to a probation officer at 111 Cameron Street, Launceston by 5.00 pm tomorrow. Lastly, I direct that the offences of assault and aggravated assault be recorded as family violence offences.