STATE OF TASMANIA v JAIDEN ALLEN PHILLIP FORD-WINTER
19 OCTOBER 2023
COMMENTS ON PASSING SENTENCE JAGO J
I have before me an application for breach of a condition of a Home Detention Order. The respondent, Mr Ford-Winter, pleaded guilty to a charge of causing grievous bodily harm contrary to s 172 of the Criminal Code and was sentenced on 24 October 2022, by me, to a Home Detention Order for a period of 18 months, with conditions which included that he must not take any illicit or prohibited substances during the operational period of the order. The application is brought on the basis that Mr Ford-Winter breached conditions of the order by taking illicit substances.
On 13 December 2022, so shortly after the Home Detention Order was imposed, the respondent tested positive to methyl amphetamine. On 16 February 2023 he failed to attend urinalysis. On 10 March 2023 the respondent was given a formal warning for non-compliance, which referred to these incidents and indicated that if he were to commit further breaches he would be returned to Court. On 21 April 2023 and then on 23 June 2023, the respondent again tested positive to methyl amphetamine and amphetamine. There have also been some general engagement issues with the respondent during the life of the Home Detention Order but the application is brought on the basis of his use of illicit substances.
The State submits that I should cancel the Home Detention Order and re-sentence the respondent in accordance with s 42AI(4)(c) of the Sentencing Act. The Court cannot move to cancel the Home Detention Order unless satisfied of one of the criteria of s 42AI(6). I was told by the probation officer who has been working with the respondent, that in addition to his use of illicit substances, the respondent has had difficulties generally in engaging with the order, in particular it has been difficult to arrange face to face contact visits with him, I note, however, there has been telephone contact. The respondent suffers from significant mental health issues, but is reluctant to engage in counselling relevant to his difficulties. At times, his anxiety is such that he finds it hard to attend appointments. The Home Detention Order is, in the probation officer’s view, having an adverse impact upon his ongoing mental health. Further, I note the respondent is unable to reside at the original home detention address. As it turned out, the address did not provide him with the support that was originally hoped, but instead was a destabilising influence for him. I do note, the respondent took appropriate steps to change the home detention address and his probation officer was fully aware of this.
The crime committed by the respondent was serious. The victim sustained some very serious injuries. At the time I sentenced the respondent he was 22. He had no relevant prior convictions and at that point in time he was employed. There is nothing before me to suggest that the respondent has committed any further offences during the life of the Home Detention Order. He has been subject to the Home Detention Order for nearly 12 months now.
In all of the circumstances, I am satisfied it is appropriate to cancel the Home Detention Order. In particular, the information provided by the probation officer as to the adverse impact the Order is having upon the respondent’s mental health, is concerning and persuasive. To a significant degree, the Home Detention Order appears to have achieved at least some of its intended purpose in that the respondent has not committed any further offences, he has had discussions about and developed an awareness of the need to seek assistance for his mental health, even if he has not yet reached the stage of actioning that and a punitive effect has been felt by him from the nearly 12 months he has been on the order.
Taking all those factors into consideration, I make the following orders. I grant the application and cancel the Home Detention Order made on 24 October 2022. I impose an alternate substitute sentence. The respondent is sentenced to four months’ imprisonment, which sentence I wholly suspend on condition that he commit no offence punishable by imprisonment for a period of 12 months from today’s date.