STATE OF TASMANIA v ALEENA SANDRA HOVINGTON 2 SEPTEMBER 2025
COMMENTS ON PASSING SENTENCE SHANAHAN CJ
Aleena Sandra Hovington, on 3 July 2025 you pleaded guilty to two counts on indictment 148/2025.
The first of assault contrary to section 184 of the Criminal Code, that at Glenorchy on or about 31 July 2024 you unlawfully assaulted Qingyi Jia by pushing her, pulling her hair, throwing her to the ground and kicking her to the face and/or the head.
Secondly, that you attempted to commit stealing contrary to ss 234 and 299 of the Criminal Code, at Glenorchy on or about 31 July 2024 when you attempted to steal a handbag the property of Qingyi Jia.
You were aged 18 years old at the time of the offending. At the time of the offending you were in company with LAS. You and LAS were known associates of one another.
The complainant, Qingyi Jia was 28 years old at the time of the offending. The complainant was not known to either you or LAS. On 31 July 2024 at approximately 4.45pm the complainant, Ms Jia, was waiting for a bus outside the Club Hotel in Glenorchy.
You, LAS and a youth were walking in a southerly direction past the Club Hotel.
Someone in your group called out to the complainant. The complainant was intimidated by your group and attempted to ignore you. LAS moved towards the complainant and grabbed the top of her phone. You approached the complainant, and you both demanded that the complainant give you her phone. The complainant pulled her phone away from you both. You and LAS walked away from the complainant.
After a short discussion between you, LAS and the youth who was with you, you approached the complainant as a group. The youth with you then began recording a video on her mobile phone. You then walked towards the complainant and pushed her against a nearby wall. LAS grabbed hold of the complainant’s hair and forcefully threw her to the ground.
Whilst the complainant was on the ground, LAS kicked her to the head, causing the complainant’s head to violently snap backwards. LAS walked away from the complainant towards the youth, filming. You remained with the complainant and attempted to take her handbag. The complainant continued to hold on to her handbag.
You put your arm around the complainant’s neck and pulled her backwards. Whilst holding the complainant this way, you punched her to the back of her head. LAS jogged back up to the complainant and stomped on her head.
A member of the public stopped their vehicle and approached your group. He attempted to intervene and insert himself between you and LAS and the complainant. LAS became aggressive towards him and started to verbally abuse him. LAS attempted to approach the man, with him having to push her away several times. Other members of the public offered assistance to the complainant.
All the members of your group then left the area on a Metro bus travelling towards the Hobart bus mall.
Police attended the area shortly after and arrangements were made for the complainant to attend the Royal Hobart Hospital. The complainant had a concussion and minor grazing and bruising to her hands, face and legs.
Approximately half an hour later you and LAS were present in the car park of the Glenorchy Police Station. In the presence of police, you mentioned an assault and stated that your foot had been hurt in the incident. Both of you were arrested. You and LAS both declined to participate in a video record of interview.
On 8 August 2024, police were conducting a foot patrol in the Glenorchy central business district. Police spoke with you and you showed the officers a video of the incident.
A copy of that video was taken. You informed police that the video had been distributed via a Snapchat account known as “Fights Tassie” or something similar.
The video was played to the Court and it depicted a particularly vicious assault on the complainant by you in company with LAS. Your role in that assault is obvious, LAS can be identified by her red hair.
Your counsel described your offending in the following terms, you left your friend’s house and went to the Northgate Shopping Centre to see whether any of your friends were present. LAS and the other girl were located and you followed them around. You felt unsteady on your feet with a patchy memory. You remember walking near the Club Hotel with the two other girls. You say you do not recall what was said in the group prior to the assault. You admit pushing the complainant against a wall but cannot explain why.
You returned to the complainant who was on the ground. you put your arm around the complainant’s neck and pulled her backwards. You informed your counsel this was a crude attempt to have the complainant brought to her feet, but you were too badly affected by alcohol to do this properly. You admit striking the complainant to the head.
I do not accept your explanation that you were trying to help the complainant up. That is not what I see when I view the video of this assault.
In mitigation your counsel confirmed that the film of the assault was later posted on a site called “Fight Tassie”. I am told that there is no suggestion that this was a recording of an assault to put it up online for the notoriety that such posts can achieve. I am not prepared to, and will not, speculate about that matter.
The complainant’s Victim Impact Statement was provided to the Court. The complainant noted how the offending impacted upon her employment and prevented her from completing a voluntary accounting internship.
That precluded her finding a paid position and that in turn impacted upon her ability to get a permanent visa to stay in Australia. Your casual violence towards the complainant has had far reaching consequences.
The complainant thought she might die when she was assaulted for no apparent reason. She did not know where to turn for assistance. In her own words she stated:
“After the assault, they got on the bus and now I think anyone could be on the bus and it’s not safe but I cannot afford a car. After the incident, I had to take a few months to recover. I still feel really stressed and uncomfortable when I walk on the street. Every time I see people who look like them, I get scared. I feel really unsafe and stressed about it. I used to think it was really safe to walk on the street, but now I only feel safe at home. I now work as a retail assistant and when I finish work at 3 pm instead of hanging around town, I walk straight home. Since the incident, I don’t travel by bus or go to Glenorchy anymore.”
The complainant had to suffer the further humiliation of knowing that the assault was recorded and then distributed for other peoples’ amusement. The complainant has been seeking counselling which she cannot afford. She now questions her decision to seek to stay in this country, she has been unable to share the incident with her family, and she no longer feels safe.
I accept the State’s submission that this is an egregious example of violence that was committed in a public place, and in that regard the video speaks for itself. Your attempt to take the complainant’s handbag was part of that offending.
I have a presentence report. You reported growing up in a stable and supportive family environment free from family violence or substance use issues, which was confirmed by your mother, who seems to have been supportive throughout this process. You have been in stable long term accommodation and live with your mother and brother.
You disclosed for the purpose of the pre-sentence report that you were a victim of sexual assault by a neighbour at the age of eight, and that has seriously affected your confidence.
You have attributed your offending to this history and your excessive use of alcohol.
It appears that you have struggled with education due to frequent fights at school and issues with teachers and peers. That suggests a problem with anger management. You have completed part of year 12 at Elizabeth College. You have indicated that you are satisfied with your reading ability but would welcome some literacy support with regard to your writing skills.
You have played AFL at State level and expressed a desire to return to the game after quitting smoking. You have never been employed.
The presentence report suggests your leisure is used gaming and going for walks. You report that you do not gamble, therefore, I have assumed that “gaming” refers to other pursuits perhaps using a video console.
It is reported that you suffer from a range of psychological and medical conditions including anxiety, an eating disorder and ADHD. You developed a heavy drinking habit by the age of 18, which you attribute to poor social influences. You report becoming violent when intoxicated. Further, that you were highly intoxicated at the time of the offending. Of course alcohol is never an excuse for criminal offending.
It is reported that you have acknowledged your responsibility for the offending. You report having stopped drinking to excess and going out in public in an attempt “not to get into trouble”. I understand your mother reports that you have been “given a scare” by the current charges. They are serious matters.
I accept that your pleas of guilty have a utilitarian value.
What I have to consider are your prospects of rehabilitation. That does not mean I have lost sight of the complainant’s pain and the detriments that she suffered.
Ordinarily offending of this type demands an immediate sentence of imprisonment, and this assault was casual and vicious and occasioned significant impacts on the complainant.
In this instance you have been assessed as suitable for a Community Correction Order. You have also been assessed as being likely to benefit from structured support in education and employment. Unsurprisingly you have also been identified as likely to benefit from anger management and alcohol and drug counselling.
You have been assessed as unsuitable for community service.
Because of your youth, your rehabilitation and long term welfare are very important. I think it is very likely that you were too drunk and immature, and affected by peer group relationships, to fully understand how serious your actions were. But they were serious, I have noted your attempts since your offending to moderate your social behaviour and interactions.
You are still at a stage where hopefully your behaviour and attitude might be turned around. Whilst actual detention may have a seriously corrupting and damaging effect on you given your age, there is a requirement for general and specific deterrence.
The presentence report recommends supervision. I agree that a sentence should provide for your ongoing support. Your offending requires a period of detention. Because of your plea of guilty, your lack of prior matters, what I accept is genuine remorse, I have decided to wholly suspend the period of detention but combine it with a requirement for community service.
Ms Hovington, I impose a period of imprisonment of 15 months’ imprisonment which is wholly suspended for 12 months on the condition that you do not commit an offence punishable by imprisonment. That suspended period of imprisonment will reinforce and facilitate your ongoing supervision and encourage your rehabilitation. The seriousness of this crime requires that I record convictions. I convict you on both counts on the indictment. I impose one sentence similar to that imposed in respect of LAS.
In addition, I make a community correction order with an operational period of 12 months. The core conditions required by the Sentencing Act 1997 apply to this condition and will be set out in the order that you will be given. These include that you must report to a probation officer at the office of the Community Corrections in Hobart within 3 clear working days of this order, you must submit to supervision and comply with the directions given by your probation officer, you must not leave Tasmania without permission and you must notify any change of address.
I note that you have been recommended for structured support in relation to education and employment, and in respect of anger management, drug and mental health counselling. In addition to the core conditions the order will also include the following special condition that you must, during the operational period of the order:
(1) Submit to the supervision of a Community Corrections officer as required by that officer by attending educational, anger management and other programs, undergo assessment and treatment for alcohol or drug dependency, submit to testing for alcohol or drug use and submit to psychological or psychiatric assessment as directed by that officer.