STATE OF TASMANIA v NATALIE JANE HUGHES 28 JANUARY 2025
COMMENTS ON PASSING SENTENCE JAGO J
I have before me an application for breach of a Community Correction order. The respondent has elected to show cause in respect of the application. The respondent was sentenced by me on 13 February 2024 to a Community Correction order for an operational period of 12 months, with a requirement that she complete 70 hours of community service within a 12-month period. All of the statutory conditions attaching to a Community Correction order applied, including that the respondent was required to submit to the supervision of a probation officer, as required by the probation officer, that she must report to a probation officer as required by the probation officer, that she must comply with the reasonable and lawful directions given to her by the probation officer or a supervisor, together with the usual directions pertaining to the respondent’s obligation to advise as to any change in any of her living or employment circumstances or contact details.
The applicant alleges the Community Correction order has been breached by way of the respondent failing to report to a probation officer as required. Whilst the application is particularised rather broadly and in a manner which is suggestive of a continuing offence, further and better particulars were provided. Those further and better particulars allege that on 21 March 2024, the respondent failed to attend a community service induction as directed; that between 27 March 2024 and 10 May 2024 she failed to attend seven appointments and/or community service inductions, as directed. Moreover, the further and better particulars allege that since the filing of the application on 8 July 2024, the respondent has continued to breach the Community Service order by failing to attend her community service appointments as directed. Whilst these additional failures do not form part of the breach allegation, they are relevant to the question of re-sentence if I am satisfied the application has been proved.
The respondent contests the allegation that she has failed to attend at the initial inductions or any of the appointments thereafter without excuse. She asserts there were occasions when she was unable to attend but says she provided Community Corrections with notice of her difficulty, and/or an explanation for her non-attendance. In the main, however, the respondent claims she did not receive any notification from Community Corrections as to a requirement to attend.
The matter, therefore, went to evidence. I heard evidence from Kim Chatwin, a probation officer at Community Corrections. She had access to the Community Correction’s records for the respondent’s matter. A copy of the records was tendered during the sentencing hearing. I do not intend to stay to repeat the detail of the content of the documents. It is sufficient to say I am satisfied the documents accurately record the interactions between Community Correction officers and the respondent. The material contained within those records satisfies me that Ms Hughes has, in fact, failed to comply with her obligations to attend at Community Corrections as and when required. In particular, for the purpose of the application, I am satisfied she failed to attend, without reasonable excuse, on the induction on 21 March 2024. That proves the breach application. I am also satisfied she failed to attend as alleged thereafter. Her ongoing non-compliance is relevant to what action I should take by way of resentencing.
Ms Hughes gave evidence during the sentencing hearing that, in essence, she had not received notifications requiring her to attend. I reject her evidence without hesitation. With respect, the respondent presented as an individual who leads a very chaotic and disorganised life, characterised by a number of difficulties in her personal relationships. I do not accept, however, that she did not receive the notifications. I find that she was simply tardy in terms of checking her notifications and in being aware of her obligations. She failed to take care in ensuring she attended as and when directed.
When I sentenced Ms Hughes for the crime of perverting justice, I outlined the chaotic nature of her upbringing, her lifestyle and her then living arrangements. I am told by her counsel that, unfortunately, very little has changed. She continues to struggle in terms of the nature of her relationships and the disorganisation and chaos that creates for her in her everyday life. I am satisfied it was that, rather than a deliberate decision to be non-compliant, that led to the various breaches. In any event, it is not appropriate for the Community Correction order to continue. I do not consider Ms Hughes is currently in a position whereby she will be able to successfully complete it.
Pursuant to s 42 AB(4)(c) of the Sentencing Act, I cancel the Community Correction Order and re-sentence Ms Hughes. Ms Hughes, you are sentenced to six weeks’ imprisonment, the execution of which will be suspended on condition that for a period of 18 months from today, you commit no offence punishable by imprisonment. You need to very clearly understand that should you breach the condition of the suspended sentence, the law is that it must be activated unless it is unjust to do so, so you must make every endeavour to ensure you comply with the terms of the suspended sentence.