STATE OF TASMANIA v NATHAN BRETT LANGRIDGE GEASON J
COMMENTS ON PASSING SENTENCE 4 DECEMBER 2019
Mr Langridge you appear for sentence on your plea of guilty to charges of carjacking and stealing.
The complainant in this matter is a taxi driver.
On 1 August 2019 he received a call to attend an address in Derwent Park. When he arrived you were waiting to be collected. You asked to be taken to Richmond where you had personal items, including clothing, requiring collection. The driver requested payment in advance for that trip. An argument developed as a result of that request. That argument escalated. You struck the complainant to the throat with your elbow and then held your elbow to his throat and tried to push him from the vehicle. He attempted to take his bag containing personal items, from the centre console of the car. As he did you tried to pull that bag from him causing its strap to break. You also attempted to grab a gold chain from around his neck. He managed to get out of the vehicle with his bag whereupon you moved to the driver’s seat of the vehicle and drove it towards the Brooker Highway. You drove the car to the Bowen Bridge where you left it. You took some other items belonging to the complainant from the vehicle, including his iPhone, a bank card, his driver’s licence and a small amount of cash.
At 3.20am on 4 August 2019 you were spoken to by police. You were in possession of the complainant’s iPhone, though the sim card had been removed. You participated in a record of interview but you made no comment.
You appear for sentence with prior convictions but those convictions are mostly traffic or drug related. You have no prior convictions for offences involving violence. For that reason, and the fact that this offending marked a significant and concerning escalation in your behaviour, I ordered a pre-sentence report. I am assisted by that report. I have considered its recommendations and I will adopt them. In particular I accept the need for your participation in anger management training.
You are at a cross-roads. This sort of behaviour can have you back in Court and prison for as long as you engage in it or you can seek help and turn away from crime. You must be motivated to make that change. I accept that there are difficulties in your family relationships but you must move beyond those issues and make something of your life. That is why I will be imposing a period of supervision- to help you to do that. I have regard to the matters put in mitigation on your behalf by Mr Dolbey. I accept, if it is not clear from what I have already said, that this behaviour is out of character but nevertheless the seriousness of it, necessitates a stern response from the Court. None of the matters advanced as an explanation for your conduct can in anyway justify it.
I have regard to the contents of the victim impact statement. The complainant suffered physical and emotional injuries as a result of your offending. All he was doing was going about his work. He has no option but to continue that work because he needs the money, but he does so with the enduring fear that has been caused by your conduct. In sentencing you I must provide vindication for this victim. Taxi drivers are in a category of people who are vulnerable to this sort of behaviour. It is imperative that the Courts impose sentences which protect people in vulnerable occupations. That protection can be achieved in two ways. First, by removing offenders from the community for a period of time through the imposition of a sentence which achieves that result. That means a term of imprisonment. Second, and this flows from that response, a penalty which deters others from behaving in a similar way. It must be understood that offences of this nature will always result in the imposition of a harsh penalty.
You have pleaded guilty at an early opportunity. It is appropriate to recognise that a benefit results to the administration of justice from your doing so. I therefore discount your penalty by 20% in recognition of the benefit which accrues.
It is also put to me as a separate matter that your plea of guilty reflects your remorse. I accept that submission and have regard to it in fixing sentence.
A term of imprisonment is required to satisfy the relevant sentencing objectives. I have identified these, but they are general deterrence, vindication of your victim and protection of the public. Personal deterrence looms large too. You must be punished and the punishment which I impose is intended to deter you from future offending.
Mr Langridge, you are convicted. The sentence of the Court is 16 months’ imprisonment. I suspended 6 months of that sentence on condition you are of good behaviour for a period of 3 years and commit no offence for which a term of imprisonment may be imposed. I note that you have been in custody since 4 August 2019 and I backdate the sentence until then. Upon your release you will be subject to supervision. I make a community based supervision order for a period for 12 months. I make the additional condition that you are to attend, participate in and complete the EQUIPS aggression program as directed.
The effect of the sentence is that it runs from 4 August 2019, and you will serve 10 months of the 16 months I have imposed. The remainder is suspended on condition, and there is a community based supervision order which attaches on your release.
A compensation order is made in favour of the complainant. The assessment of that compensation is adjourned sine die.