STATE OF TASMANIA v GCS 17 FEBRUARY 2023
COMMENTS ON PASSING SENTENCE PEARCE J
GCS, you were found guilty by a jury of assaulting Tegan Smith on 3 October 2020. You were 16 at the time. You are now 18. Ms Smith lived in a unit next door. Her friend Sefton Bottomley was visiting her and he had just thrown rocks over the fence through the windows of your mother’s house. Your mother and her partner went to Ms Smith’s unit to confront him about it and you tagged along. There followed a violent exchange involving all three of you and Mr Bottomley in which one or more knives were produced. You were charged with serious crimes from that but found not guilty. It was towards the end of that altercation that the assault of which you were found guilty was committed. Ms Smith ran off down her driveway. You and your mother ran after her, caught her, pulled her to the ground and took her phone. When the police spoke to you later you admitted that in the course of all of that you struck Ms Smith. Your mother also admitted taking the phone but claimed that she told Ms Smith that she could have it back when the windows were paid for. The jury acquitted you of robbery because they were not satisfied that it was either your intention or your mother’s intention to take the phone and not give it back. The phone was soon recovered by the police and returned to Ms Smith. She suffered some scrapes and bruises but there was no lasting physical injury. Nevertheless it must have been a very upsetting experience for her.
After you were found guilty of assault in December last year I ordered a report from Community Corrections. You have been in a fair bit of trouble over the last couple of years. A period of probation was ordered in July 2021 when you were also ordered to perform 140 hours of community service. A year later a further 84 hours were added although you must have done some hours in the meantime because the total number which can be given at any one time is in your case 210. However you have not committed any new offences since January 2022 and that is a good sign. The report also raises other matters which suggest that things are generally improving. I hope that can continue, whether you find a job or decide to go back to school.
I agree with the author of the report that because the assault of which you were found guilty occurred in October 2020 it could have been dealt with by the magistrate at the same time that all of the other offences you were sentenced for. I agree that you still have quite a bit of community service it seems to complete. In light of the orders to which you are already subject no further punishment or supervision is required. That is intended to encourage you to continue to improve your life and hopefully stay out of trouble. It seems that you are clever enough to do well if you set your mind to it.
Accordingly I will deal with you under the Youth Justice Act and dismiss the charge. However I reprimand you. In other words, I warn you that you should not have done what you did. Resort to violence, even if provoked, is not acceptable and if it happens again you are likely to be given a more serious punishment.