STATE OF TASMANIA v KRISTY JANE GRANT 9 OCTOBER 2019
COMMENTS ON PASSING SENTENCE BRETT J
An application has been made to have Ms Grant dealt with for breach of a suspended sentence, by not complying with a condition that she perform community service work. The condition required her to perform 105 hours, but she has only completed 13.17 hours. The sentence of 6 months’ imprisonment, suspended for 18 months, was imposed for the crimes of aggravated assault and assault.
I am not prepared to just leave the matter sit. However, I do recognise the practical problems associated with community service. I am sure Ms Grant is quite genuine in her instructions to her lawyer that she is prepared to do community service and would do it, but I am also concerned about the fact she does have a very young child and she has other children, I think, and one of the problems seems to be just getting her life organised. On the positive side of this for her is that she did undergo the period of suspension. She has not re-offended. In that sense, the sentence has fulfilled its objective. But this was a serious matter, it involved her participation, in the facts as I found, and I am not prepared to just make no further order. On the other hand, I do not want to extend the suspended sentence because I think she has faced that period where she has that hanging over her head and I do not think it warrants having that occur again. What I am thinking about doing is effectively, I think the law provides I can make any order which I could have made at the time. I am thinking about making a community corrections order for a limited period, which would see a continuation of supervision obligations in relation to the supervision, and might build on the work that she has already done in terms of getting some support in relation to her life. So I am not talking about a condition subject to a suspended sentence, I am talking about just a plain community corrections order. And I think probably a term of six months or nine months, something of that nature, but I am happy to be guided by Community Corrections. [Discussion with counsel.]
Of course, if Ms Grant had not made some effort in relation to the probation supervision, and had not satisfactorily completed a period of suspension, I would be taking a completely different course, but I think Ms Grant has done enough to warrant making an order which is focused on her building on and consolidating her rehabilitation. I think that is in the community’s best interests as well.
The order I make is that I am satisfied the breach was committed. I note that the period of suspension has now expired. I make a community corrections order. The operational period will be for a period of six months. The core conditions will apply, and they will include that Ms Grant needs to report to Community Corrections within three clear working days of today. I did not add any special conditions into the original order, except for completing the EQUIPS Program. I will not include any special conditions, they will just be the usual conditions in the community corrections order.