STATE OF TASMANIA v HMP 5 JULY 2024
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, HMP, has pleaded guilty to the crime of armed robbery, which was committed on Monday, 4 December 2023 when HMP was 17 years of age. The complainant in this matter is SD and on 4 December 2023 he was working a shift at the Ampol service station in Claremont. At about 7.00pm HMP entered the service station and after remaining in the shop for some time, produced a razor blade from her pocket, which she held in her hand and pointed in the direction of SD, while walking behind the counter. She opened the cupboard door which contained cigarettes and ultimately, pointing the razor blade in SD’s direction, took four packs of Winfield branded cigarettes and two pouches of tobacco. Thus turning what might have been a stealing into the serious crime of armed robbery. She was told not to steal the cigarettes by SD but took no notice. She was later arrested by police. Fortunately, the property stolen has been recovered and I make an order for restitution in relation to four packets of Winfield cigarettes and two pouches of tobacco, the property of the Claremont service station.
HMP has spent 14 days in custody in relation to this matter and I take that into account, as I must, under the Youth Justice Act. I also take into account the comprehensive submissions made HMP’s counsel, and a very extensive Youth Justice Report which was prepared for the Chief Magistrate in respect of a number of matters to which I will turn in a moment.
First, I have received a Victim Impact Statement from SD. Fortunately, he did not suffer any physical injuries but he did suffer emotionally and psychologically for some time. It seems, luckily for all concerned, that he was a strong character and as a result he has put the incident behind him, although he has said it did shake him up for a week and took considerable strength and meditation and his practice of yoga to be able to move forward from it. So, luckily, this serious crime can be regarded at the lower end of the range of crimes which are termed robbery or armed robbery.
As to the prior convictions and the Youth Justice Act report, I note that HMP appeared before Chief Magistrate Geason on 25 June this year and pleaded guilty to 21 counts of stealing, 16 counts of burglary, 9 counts of computed related fraud, 4 counts of breach of bail, 1 count of possession of a controlled drug, 2 counts of attempted burglary and 1 count of unlawful possession of property. She has other prior appearances before the court for which she has been dealt with but, to this point, has no prior convictions.
In all of the circumstances, I propose to make no order as to sentence, noting that Magistrate Geason made a probation order in respect of HMP for a period of 12 months from 25 June 2024, requiring her during the period of probation to report to an assigned Youth Justice worker as required and to receive visits from the assigned Youth Justice worker as required. Also, during the period of probation, not to commit any offence which if committed by an adult could be punishable by imprisonment. She is also not to leave the State of Tasmania without the written permission of the secretary. She must notify her Youth Justice worker of any change of residence, school or employment within a reasonable period after the change or before the change. During the period of probation, HMP must obey the reasonable and lawful instructions of the assigned Youth Justice Worker.
This was the ultimate recommendation in the Youth Justice pre-sentence report, which was supplied to me, although prepared for Chief Magistrate Geason. It’s pointless, therefore, in me making a second or subsequent order. The order has not yet been embarked upon and, in all of the circumstances, I record no conviction.
I have not made a probation order, so the existing order to report remains in place.