STATE OF TASMANIA v NATASHA ANNE HICKEY 16 NOVEMBER 2023
EDITED COMMENTS ON PASSING SENTENCE PEARCE J
On 18 November 2020 Justice Brett sentenced you on your plea of guilty to one count of perverting justice. The circumstances of that offence were outlined in his Honour’s comments on passing sentence. It is sufficient for me to record now his Honour’s view that it was a serious example of that crime.
His Honour decided to proceed in a way that would not involve you serving a sentence of imprisonment. He determined to make a community correction order which required you to perform 126 hours of community service over a period of 30 months. Notwithstanding that lengthy period of time you have in fact completed only a small number of those hours.
I accept Mr Rainbird’s submission that this is partly explained by your health and your personal circumstances, but I do not consider that that constitutes an entire explanation. Nevertheless the community corrections order has now expired. It expired some months ago and it falls to me to decide what alternative sentence ought to be imposed.
I share Brett J’s view that, given the circumstances of the offence, your personal circumstances at the time that you were sentenced, and your current personal circumstances, an actual term of imprisonment should be imposed only as a last resort. However, because of the seriousness of the crime of perverting justice, it usually attracts a sentence of imprisonment. I think that, in the circumstances, a sentence of imprisonment wholly suspended should now be imposed in substitution for the order which was previously made.
In determining the length of the term I take into account that you were subject to the community correction order for two and a half years, and you complied in other respects. However it is important that you and others understand the seriousness of this crime. The course I now adopt should reflect that. In order that there be sufficient punishment I consider that, in addition to a short suspended sentence, a fine should be imposed.
I order that in respect of the offence for which the community correction order was made I impose a term of imprisonment of two months wholly suspended for one year from today. It is a condition of that sentence that during that period you not commit any offence punishable by imprisonment. If you do commit such an offence then the Court must order that that term be served unless that is unjust. You are also fined $1000. I can only give you 28 days to pay that amount but you may apply to enter into a repayment arrangement.