STATE OF TASMANIA v BRETT ANDREW IMLACH 8 AUGUST 2025
COMMENTS ON PASSING SENTENCE WOOD J
An application has been made for review of a 12-month Home Detention Order imposed on the respondent, Brett Andrew Imlach, on 5 February 2025.
The sentence was imposed for a crime of assault committed by the respondent on 23 December 2022. The details of his criminal conduct, his background, and personal circumstances relevant to the sentence are set out in my published sentencing comments.
The application that the sentence be reviewed is because the respondent is alleged to have breached conditions of the Home Detention Order in a number of respects. The breaches alleged are not disputed by the respondent. In particular, he committed offences punishable by imprisonment during the period of the order; he left the home detention premises without reasonable excuse or the approval of a probation officer; he failed to be accessible for contact by mobile phone at all times; and he consumed alcohol during the period of the order. The respondent concedes not only that he breached the order but also that, because of his circumstances, the order should be cancelled and he should be re-sentenced.
In terms of the breaches of the order, he committed two offences on 12 March 2025: possess controlled plant or its product contrary to s 25 of the Misuse of Drugs Act 2001, and one count of unlawfully carrying a dangerous article in a public place contrary to s 15C of the Police Offences Act 1935.
In terms of the unauthorised absences from his home detention premises, there were three occasions when he left his home detention premises when authorised to leave for a particular purpose but, in doing so he attended places that were not unauthorised. On 24 February, he was authorised to go to Glenorchy Central but was denied entry, and on his return journey to his home he stopped at Northgate Shopping Centre for approximately 45 minutes and was in the vicinity of Elf Avenue and Bowden Street Glenorchy for a period of approximately 13 minutes.
On 28 February, he was authorised to be absent from his home in order to attend an appointment at Community Corrections. He made four unauthorised brief stops in Glenorchy on his return home.
On 7 March, he was authorised to attend Community Corrections in Hobart for an appointment from 12:30 pm to 1:00 pm. On his way to the appointment, he was in the vicinity of two locations without authorisation, one in Glenorchy and one in New Town. Then, on his return, he was in the vicinity of six locations without authorisation for periods of up to 10 minutes.
As further breaches of his Home Detention Order, the respondent failed to answer his mobile phone when Community Corrections called him on eight occasions between 8 February and 6 March. Three of the eight calls were made on 8 February following an alert that his electronic monitoring device had low battery.
He further breached his Home Detention Order by consuming alcohol on 19 February. Police attended his home and he was founding drinking a can of Bundaberg Rum. He produced a breath-analysis reading of 0.018.
On 12 March 2025, the respondent was arrested and remanded in custody in relation to other matters. On 23 June 2025, he was sentenced to a 6-month term of imprisonment with 2 months suspended, commencing 12 March 2025. He was due to be released from custody on 11 July 2025 and since then, his time in custody is attributable to this application.
As can be seen, the respondent has breached his Home Detention Order in a number of different respects in a relatively short period of time which is unimpressive and demonstrates a failure to appreciate the very strict nature of a Home Detention Order. In my view, they are not wholesale breaches or the kind of breaches which show a contemptuous attitude to the sentencing order.
Under other circumstances, I may have even been persuaded to provide him with a second chance to comply, particularly given this is his first Home Detention Order and he has had brought home to him now the need to strictly comply with the conditions.
The order must be cancelled in any event because, unfortunately, he does not have a suitable home address currently available to him for the purpose of such an order.
When I sentenced Mr Imlach, I explained that an immediate sentence of imprisonment would be completely warranted and I had to think very carefully about whether an actual gaol sentence could be avoided. Ultimately, I was satisfied a Home Detention Order was appropriate. If that order had not been made, a term of imprisonment would have been imposed.
In re-sentencing him, I must take into account the extent to which he has complied with the Home Detention Order. He was subject to the order I made from 5 February to 12 March 2025 before being remanded in custody. In that period of approximately five weeks, aside from the breaches, he was co-operative. He attended four face-to-face appointments. He answered telephone calls from Community Corrections on six occasions. He was directed to attend urinalysis testing on one occasion and he did and returned a negative result for all illicit substances. His level of compliance is, in my view, encouraging.
I note that at the time I sentenced the respondent to a Home Detention Order, I sentenced him to a Community Correction Order for a period of 18 months for a related summary offence and that will be in place on his release, as will be a partially suspended sentence imposed in the Magistrates Court. These orders, in combination, provide an incentive for compliance.
I cancel the Home Detention Order made by me on 5 February 2025. I re-sentence Mr Imlach pursuant to s 42AI(4)(c) of the Sentencing Act 1997. I conclude that a gaol sentence is required, but that it is appropriate to suspend a significant portion. Despite his breaches of the order, there are positive indications that he is likely to be compliant with directions from Community Corrections. Of course, if he is not compliant, the suspended portion can be breached and he can be required to serve it.
I take into account that he has been serving a gaol sentence on other matters since 12 March for a period of four months.
The sentence I impose is 11 months’ imprisonment backdated to 11 July 2025. I suspend 9 months of that sentence on strict conditions as follows:
- You must not reoffend for a period of 18 months from release;
- You must be subject to the supervision of a probation officer for 18 months; and
- You must comply with all the reasonable and lawful directions of your probation officer.
- You must comply with the Community Correction Order imposed by me on 5 February 2025.