STATE OF TASMANIA v LIAM DARCY GOW ESTCOURT J
COMMENTS ON PASSING SENTENCE 6 NOVEMBER 2019
The defendant Liam Darcy Gow has pleaded guilty to one count of Criminal Code assault and four charges of common assault, and one of damage to property on complaint 8015/18. I have agreed to deal with the summary matters.
The complainant is Hayley Brown, who was aged 24 at the time of these offences. The defendant and the complainant were in a significant relationship.
In relation to count 1 on the complaint, on Thursday 9 August 2018 the complainant and the defendant were arguing when the defendant snatched the complainant’s phone out of her hand. When the complainant went to get her phone back the defendant pushed her, causing her to fall over. She scraped her left knee along the floor, causing a wound to her left knee.
On the indictment – On Friday 10 August 2018 the complainant was sitting outside the Elwick Hotel and the defendant was inside the Hotel playing poker machines. The complainant messaged the defendant to come outside, which he did. Whilst the defendant was outside, the complainant was trying to speak with him, but he was pre-occupied on his mobile phone. The complainant asked the defendant to “speak to me, not to your mobile phone”. She then went to put his phone down herself, which started a scuffle between them.
The defendant punched the complainant to the back of her head. He held her by the throat such that she could not breathe. The complainant managed to get away from the defendant. She pushed him and then proceeded to walk home to her house in New Town.
In relation to counts 3 and 4 on the complaint 8015/2018 – In the early hours of Sunday 12 August 2018, the defendant contacted the complainant and asked her permission to come to her house to go to bed and to charge his phone. The complainant allowed him to come over. Once the complainant had let him inside, the defendant became agitated with her because she was tired and grumpy. She had just cleaned up the house and was trying to deal with everything that had been going on between them in the preceding days. The defendant began throwing small items around the house. He then started pushing the complainant, using his fists and causing the complainant to step backwards (which is count 3).
The complainant pushed back at the defendant to get him away from her. She hit him on the chin. She then called his cousin, Brett Gow, to come and pick him up. The complainant made the defendant exit her house. When the defendant was outside, he kicked the backdoor, causing the wood to split and the lock to break and drop so that it can no longer be locked (count 4 on the complaint).
As to Count 5 on the complaint – After the defendant left the complainant’s house, he continued to text and call the complainant about his bankcard. The complainant told him that she thought he had taken his bankcard with him when he went out and she had not seen it. Later that day, the complainant found the defendant’s bankcard at her house. She sent the defendant’s cousin, Brett, a text message advising him of this fact, and told Brett that she would bring the defendant’s bank card to him, but did not want to see the defendant.
When the complainant went to meet Brett, the defendant was there. The complainant told the defendant, “I’m not here for you, I’m just dropping off your card”. The defendant then got close to the complainant’s face and punched her to the side of the face. This punch split the complainant’s lip and gave the complainant a sore head. The complainant told the defendant to “let me go” and the defendant hit her to the other side of her face. The defendant pushed the complainant and she cowered into a corner. The defendant then came at her with a bat (or something similar) which he swung at her. The complainant thinks that the defendant struck her to her leg. She had a bruise on her leg.
As to count 6 on the complaint – At approximately 8am on Monday 13 August 2018, the defendant again attended at the complainant’s house. The complainant woke up to a voice saying, “Where’s Hayley, where’s Hayley?” The complainant asked the defendant what he wanted and told him that he needed to “get out”. The complainant tried to wake the defendant’s brother, Kale, to help the complainant get the defendant out of the complainant’s house. The defendant punched or poked her to the eye, causing redness to her eye. The defendant pushed her a few times and the complainant pushed him back. Eventually, the defendant and Kale left he complainant’s house. The complainant rang her mother who contacted Police.
On 14 August 2018, police attempted unsuccessfully to locate the defendant, but made telephone contact with him on 14 August 2018. At approximately 6:20pm on 15 August 2018, the defendant presented at Glenorchy Police Station. He was then transported to Hobart Police Station where he participated in an interview with Police at the conclusion of which he was charged and bailed. He was issued with a Police Family Violence Order relating to the complainant.
The defendant, who was aged 21 at the time of his offending, has no relevant prior convictions. He had a troubled childhood which involved in him witnessing his parents constantly fighting with each other, these fights regularly became heated. When he was 8 years of age, his parents separated. The defendant and his elder brother were taking turns living with either parent and this continued till the defendant turned 16 years old.
The defendant’s father was an alcoholic who never cared for him. The defendant was never cared for by his family and had no one to look up to as a role model. He made friends with a group of the local boys who took care of him. He was introduced to drugs by these boys and started smoking Cannabis at about age 12. He has consumed a variety of drugs which he relies on as a coping mechanism for his worries and stress. He was in and out of school and his highest education is Grade 10.
The defendant met the complainant through mutual friends. At first their relationship was going well and they decided to move in together. Things changed once they moved in together and problems started to arise. The complainant was very possessive of the defendant and questioned his loyalty. The complainant would read his messages and accuse the defendant of cheating on her. The defendant has not contacted the complainant since this incident.
The defendant has completed a building course and an engineering course with Workskills Tasmania and TasTafe respectively. He was working as an Mechanic for ABS Autos and lost his job when he was taken into custody for these charges. He is also attending Headspace Tasmania and is undertaking drug and alcohol counselling. The defendant is actively trying his best to stop using drugs, however he is finding it difficult due to his anxiety issues. The defendant is also actively trying to gain employment in a field relevant to his qualifications.
He is currently in a committed relationship for approximately 8 months. His current partner Naomi provides him with emotional support. That relationship serves as a positive influence in his life.
The defendant was 21 years of age at the time of the offending, as I have noted already. Offenders under age 21 have, in this State, been considered youthful, and additional considerations have applied with respect to sentencing, with the exception that youthfulness will not always be considered a mitigating factor for very serious crimes. The relevant principles are stated in Lahey v Sanderson [1959] Tas SR 17 and were reiterated in Garcie v Lusted [2014] TASSC 27 by Pearce J.
The defendant is a young man, who has not served terms of imprisonment previously. While family violence must be considered to be very serious, an objective assessment of the overall nature of the offending is required. The result is that some leniency ought to be afforded to the defendant.
I have had the benefit of a pre-sentence report which informs me that the defendant has found the consequences of his offending behaviour to have been “very stressful.” He has lost employment, as I have noted, although he remains confident he will be able to secure employment when his court proceedings are finalised. He articulates his regret for the situation, he describes feelings of remorse for the incident against his ex-partner, as well as for his current circumstances. He is able to articulate how he would manage a situation now, such as the one that he is charged with, and informs that he would now not engage with somebody who he can see is angry or intoxicated, and would withdraw from such a situation in the future.
The defendant has been identified as requiring a medium level of intervention from the probation service and is deemed suitable for a period of supervised probation. Case management would scrutinise the defendant’s use of substances with focus on his use of pharmaceuticals that are not prescribed to him. He has also been assessed utilising the Spousal Assault Risk Assessment tool as being at a medium risk of future family violence, and has been assessed as eligible for referral to the EQUIPS Domestic Abuse Program.
The defendant is convicted of each of the offences to which he has pleaded guilty and I record them as family violence offences. I impose a single sentence of 12 months’ imprisonment which I wholly suspend given his age, his considerable potential for rehabilitation and his lack of any relevant prior convictions. The sentence is suspended for a period of two years on condition that he commit no offence punishable by imprisonment for a period of two years. I note of course that drug offences are punishable by imprisonment.
In addition, I make a community correction order for an operational period of two years with special conditions that during that period the defendant is to perform 175 hours of community service, is to submit to the supervision of a probation officer as required by the probation officer, and is to attend, participate in and complete the EQUIPS Domestic Abuse Program as directed.