STATE OF TASMANIA v MELLITA ZOE HUMPHREY 9 FEBRUARY 2026
COMMENTS ON PASSING SENTENCE JAGO J
Ms Humphrey, you have pleaded guilty to two counts of Criminal Code assault. Additionally, you have pleaded guilty to two counts of common assault. I will deal with those matters pursuant to s 385A of the Criminal Code. I note that initially you were charged with one count of strangulation and one count of Criminal Code assault. “A” was required to give evidence at a special hearing in respect to the strangulation charge in particular. The State subsequently accepted a plea of guilty to the charge of assault in satisfaction of the strangulation charge.
On 13 February 2023, you assaulted your 14 year old daughter, whom I shall refer to as “A”. A had predominately lived with her father but in late 2022, went to live with you. On the evening of 12 February, you were at your residence with your brother. Both of you were consuming alcohol. A was there. Around 10 or 11pm, A’s boyfriend called the house. You spoke to him. When he asked you whether A was still awake, you said to him “No, she’s dead. I cut her throat. You won’t be seeing her again.” Understandably concerned, A’s boyfriend came to the home. A was fine, and he left. It is unclear why you made such a nasty comment to A’s boyfriend. I can only presume it had something to do with the amount of alcohol you had consumed.
Later that evening, A and her boyfriend were talking on the phone. You went into A’s room and started playing with her hair. You then pulled it. This is one of the counts of common assault. A asked you to stop. You and A then had an argument about A’s father. At one point A told you to shut up. You responded by saying, “Don’t tell me to shut up”. You then grabbed A’s arm, leaving a fingernail imprint in her skin. This is the second count of common assault. A pushed you away. You responded by grabbing her by the neck and pushing her hard, up against a window, whilst saying, “I hope you fall, like go through the window”. When you were holding A by her neck, up against the window, she felt like she was unable to breathe. This is the first count of Criminal Code assault.
There was then a physical scuffle between you and A. A kicked and punched you and ran to another room and tried to lock the door. You forced your way through it. You were trying to take A’s phone from her. A ran back into her room and closed the door. At one point you poked something sharp through the crack of the closed door and it caught A on the thumb. You were banging on the door, trying to enter. A was holding it closed. She was distressed and upset. A thought she heard you walk away from the door, so she released her hold on it, but as soon as she did, you barged your way through. You slapped her to the face. It must have been a hard slap because it caused her to hit her head on the door frame. This is the second count of Criminal Code assault.
A retaliated. She pulled you to the ground and challenged you, saying, “Why do you think it’s okay to hit your children?” During all of this, A’s boyfriend was still on the phone. He estimated that the struggle went on for approximately 20 minutes, during which time he heard A screaming and appearing upset. The complainant eventually ran out of the house and called her father. Her father said that when he spoke to A she was hysterical.
A’s father arrived to collect her. He observed marks on her arms, including a graze on her left forearm, and a small cut. As a result of your violence, A was left with pain in her neck and throat, a red mark on the inside of her right forearm, a small injury to her left thumb, and a nail mark on the inside of her right wrist. She did not require medical attention.
A has been hurt and confused by your actions. I have received an impact statement from her. It eloquently describes the fear and apprehension she felt during the attack. It speaks to the confusion and distress felt by her; she did not understand how her own mother could treat her in that way. A also speaks of the distress she experienced having to give evidence in the special hearing. She felt guilty about speaking up about what you had done to her. It is very important A understands that none of this is her fault. As A’s mother, and the adult in the relationship, the responsibility to act appropriately and show love, care and support to your child, fell entirely with you. A carries no blame whatsoever.
You are 39 years of age. By way of criminal history, you have some dated matters of dishonesty as a youth. In 2010, you pleaded guilty to a breach of family violence order, but no conviction was recorded and you were placed upon a good behaviour undertaking. In 2017, you pleaded guilty to a charge of common assault and, again, no conviction was recorded, and you were placed on a good behaviour undertaking.
You have had a very difficult upbringing, and it has culminated in you suffering from a number of complex mental health conditions. Your parents separated when you were five and thereafter, you had no relationship with your father. Your mother was an alcoholic, and she would allow numerous people, often strangers, to come and go from the home at will. Excessive drinking was commonplace at your home. You received little parental support from your mother and consequently your relationship with her has always been difficult.
When you were 12, you met a male who was 20. You commenced a relationship with him. You had a child to him when you were 14. Because of the pregnancy, you left school. The relationship was a violent one but because you were so young, you felt dependent upon him. You stayed for several years and you were the victim of considerable violence during that time. I am told the unlawful nature of the relationship was reported to authorities, but no charges were pursued, despite the obvious evidence. Once you eventually withdrew from the relationship, the male continued to obsess over you, and you experienced many years of him stalking you. You had to obtain restraint orders against him.
You have had two further long term relationships. One ten year relationship with the father of A, and then another long term relationship with a different male. Both of those relationships also involved family violence.
You have three children. A, now 17, a 23 year old daughter and a 19 year old son. You have no relationship with A or your son, but maintain a relationship with your elder daughter. You have no other family members with whom you have any contact or relationship.
You have been diagnosed with complex post-traumatic stress disorder and borderline personality disorder. You suffer with depression and anxiety. There have been suicide attempts in the past. You undertake regular counselling and receive support from NDIS. I have been provided with a therapy report from RAEN Therapeutic Services. It confirms that you have a history of exposure to significant trauma, including significant domestic violence from past relationships. It notes that such violence has left you suffering from debilitating mental health symptoms.
The report indicates that you have experienced periods of disassociation and derealisation, which have impacted upon your sleep and self care. You have experienced severe anxiety and panic attacks, leading to social isolation. There have been chronic suicidal thoughts and occasions of acute suicidal risk. You experience feelings of low self-worth and hopelessness. You have difficulties engaging in relationships in a positive way, and experience significant emotional regulation difficulties and rapid mood changes.
You have often resorted to alcohol as a coping mechanism. Your alcohol use remains of concern, to the extent that in the home detention assessment report I obtained in respect to you, it noted that the only way you may successfully withdraw from your alcohol use is with the assistance of a medical detoxification programme. That said, I accept you are making a conscientious effort to reduce your alcohol consumption, but you still have much work to do. The therapy report indicates that you are making genuine efforts to engage with therapy and counselling, but because of your severe anxiety at times, such processes can be confronting. The tenor of the report, however, is that you are trying hard and do wish to improve things for yourself.
The home detention report assessed you as unsuitable and ineligible, predominately because of the complexities of your mental health conditions and your on-going alcohol use.
Whilst I accept that your complex mental health conditions, and the impact they have on your day to day living, were impacting you during this incident, the primary difficulty was obviously your level of intoxication. Of course, I recognise there is a relationship between your mental health and your use of alcohol, but there is nothing within the reports that enables me to conclude that there was such a strong nexus between your mental health conditions and the commission of this crime so as to warrant any significant reduction in the weight to be given to general deterrence. That said, I accept your mental health conditions are relevant to sentencing in a general sense. You clearly have a number of complex mental health difficulties which impact upon your day-to-day living. Those same conditions would render you vulnerable within a prison environment.
It seems this incident has been something of a turning point for you. Whilst you were undertaking counselling previously, you are now taking up additional opportunities for support, and you are trying to reduce your alcohol consumption. You are seeking support on a regular basis from your NDIS support worker, and you appear willing to pursue additional counselling opportunities. As noted however, you still have considerable work to do as the home detention report indicates that you lack insight and understanding into just how serious your conduct was, and particularly, the impact your alcohol consumption had on your behaviours towards A.
I note your plea of guilty. It came after A had to give evidence in a special hearing, but your plea was ultimately to a lesser crime than that with which you were originally charged. Your plea of guilty still carries some value in the sentencing exercise as it vindicates A’s account.
There is no question this was very serious criminal conduct. A was a child. She was vulnerable. She was entitled to your love, care and respect. Instead, you assaulted her in a manner which caused her not only physical pain and harm, but undoubtedly caused her fear, distress and anxiety. Your anger was out of control. You were intoxicated. In those circumstances, the potential for you to cause serious harm to A was very real. This conduct involved a terrible breach of trust.
A period of imprisonment is warranted, but given your personal circumstances and limitations, your lack of serious criminal history and the effort you are making towards rehabilitation, I am satisfied that it is appropriate to suspend the period of imprisonment I intend to impose. I will also impose a community correction order in the hope of providing you with additional assistance.
Mellita Humphrey, you are convicted of all matters to which you have pleaded guilty. I impose one sentence. You are sentenced to imprisonment for a period of 14 months. The whole of that sentence will be suspended on condition that for a period of two years, you commit no offence punishable by imprisonment. I warn you, Ms Humphrey, that the law is upon breach of the conditions of a suspended sentence being proved, a judge must activate that sentence, unless it is unjust to do so.
I make a community correction order for an operational period of 12 months from today. The statutory core conditions of a community correction order are imposed. Those conditions will be set out in a document that will be provided to you. I also impose the following special conditions:
1 You must, during the 12 month period, submit to the supervision of a probation officer as and when required by that probation officer.
2 You must attend educational and other programs as directed by your probation officer.
3 You must undergo assessment and treatment for drug dependency or alcohol dependency as directed by a probation officer.
4 You must submit to medical or psychological or psychiatric assessment or treatment, or psychological or therapeutic counselling, or indeed any of those, if directed to do so by your probation officer.
5 You must attend, participate in and complete the EQUIPS addiction program if directed to do so by a probation officer.
6 You must attend, participate in and complete the EQUIPS domestic abuse program if directed to do so by a probation officer.
7 You must attend, participate in and complete the EQUIPS aggression program if directed to do so by a probation officer.