STATE OF TASMANIA v PETER MAXWELL HENNESSEY 5 FEBRUARY 2020
COMMENTS ON PASSING SENTENCE BLOW CJ
Peter Maxwell Hennessey, you have pleaded guilty to charges of perverting justice and receiving stolen property. You have ended up here, charged with these crimes, because you did not say no when the man that got you into this asked you to spray paint a vehicle, and asked you take a mobile phone from him. You need to learn from this that other people can get you into trouble. You need to think about the consequences. And you need to be prepared to say no to other people who can get you into trouble.
The facts are that, about 18 months ago, in September 2017, you received a visit from a new friend that you did not know very well. He asked you to come with him on a mission. You apparently did not know what that mission was. You were bored, so you went, and it turned out to be a stealing mission. The man was a thief. He went to several places in his vehicle with you, and committed two thefts at different places. The vehicle was seen by a witness. Your friend had some spray paint. It was his idea at that point to change the colour of the vehicle in order to avoid detection. You went in the vehicle with him to a place in the bush, and you changed the colour of the vehicle. You spray painted it, and by doing that you committed the crime of perverting justice. Your counsel told me that, in effect, you did not think very much about what you were doing. But it was a crime. The colour of that vehicle was changed in the hope that your companion would not be brought to justice for the two thefts. The plan did not work. The witness had the registration number. You and your companion were both arrested by the end of the day. One of the things that he had stolen was a mobile phone which he gave to you. You had no intention of keeping it, but you put it in your backpack, and so that makes you guilty of receiving stolen property as well.
You were 24 when all this happened. You are now 26. You have some prior convictions, but none for offences involving dishonesty. You have some minor drug convictions, and you are trying overcome a drug habit of some sort. It counts in your favour that you have pleaded guilty, and it counts in your favour that you are co-operating with the State in relation to the trial of your companion, which is to start next week. I am certainly not going to send you to prison today as a result of all this. I think you need to be given a chance. I think the most appropriate sentence that I can impose is a very short wholly suspended sentence. So, if you get into any more trouble, you might serve that sentence. But, if you stay out of trouble, then there is no way that you will be serving that sentence. I also should have said that I take into account the fact that you are a carer for your father and that you are receiving a carer’s allowance.
In relation to these two charges, I convict you and I sentence you to 21 days’ imprisonment, wholly suspended on condition that you commit no offence punishable by imprisonment for a period of 12 months.