THE STATE OF TASMANIA V SCOTT MACKINNON 24 JULY 2025
COMMENTS ON PASSING SENTENCE SHANAHAN CJ
You have pleaded guilty to three counts, the first count is demanding property with menaces with intent to steal contrary to s 242 of the Criminal Code, and the second and third counts, are two counts of stealing contrary to s 234 of the Criminal Code.
Counts 2 and 3, the two charges of stealing, which relate first to a theft of $500, the property of the United Service Station Lutana, on 12 February 2024, and the second to a subsequent theft on the following day of cash, food and drink from Subway Claremont to an approximate value of $264.
You were born on 6 of December 1975, you were 48 years old at the material time.
At approximately 12.01am on Monday, 12 February 2024, you entered the United service station on the Brooker Highway in Lutana. You took a 600ml bottle of Coke from the fridge and walked to the counter. You handed a white plastic bag over the counter to the complainant, and told him to put the money from the till into it. The complainant returned the plastic bag to you and told you that he was unable to do that.
You had your hand and an object in the front pocket of your hooded jumper, and started making gestures towards the complainant, which included pointing at the complainant through the hooded jumper. You demanded money again by saying words to the effect, “Put the money in the bag and hurry up”.
The complainant was scared of you and filled the plastic bag with approximately $500 in cash, consisting of twenty- and fifty-dollar notes. The complainant then gave the bag containing the cash to you. You took the bag containing the cash and a bottle of Coke, and left the store. The incident was captured on CCTV footage. The Court has seen the CCTV footage and I have also seen this footage.
As to count 3, at approximately 7.36pm on Tuesday 13 February 2024, you parked your blue Subaru Outback in the car park at Claremont Plaza shopping centre. You walked into the shopping centre but then left shortly afterwards, and you walked back to your car and drove away.
At approximately 9.50pm that evening, you returned to the Claremont Plaza shopping centre and entered Subway. You were carrying a Woolworths shopping bag. A staff member was behind the counter counting the cash, ready to close the store.
You approached him and placed an order for a sandwich. He then went to the fridge and took a 600ml bottle of Coke out. The staff member made the sandwich to order and moved to the till. He told you the price, approximately $24, and asked him if you wanted to pay by cash or card.
You then instructed the staff member to give you cash and told him to put it in the Woolworths shopping bag, which you put on the counter. The staff member opened the till and put two hundred and forty dollars cash inside the shopping bag. The staff member asked you if you were going to pay for your food and you replied, “Next time.” You took the bag containing the cash, the sandwich and the bottle of Coke, and left the store. The incident was captured on CCTV footage. Both incidents were reported to Tasmania Police.
At approximately 4pm on Wednesday, 14 February 2024, members of Tasmania Police intercepted you when driving your Subaru Outback on the Brooker Highway in Hobart.
You were arrested and taken to the Hobart Police Station, where you participated in an electronically recorded interview.
Under caution, you made the following statements or words to the effect that the evidence points to you having committed both crimes, you were 48 years old and should know better, it was you in the CCTV footage at the United service station; and that you had a stick in your jumper. You did not think your conduct was premeditated, but agreed that it was reasonable for a person to feel threatened in that situation. You do not recall how much money you were given and do not know what happened to the money. You say it was probably spent.
You agreed that it was you in the CCTV footage from Subway. You said you were there to go to Woolworths and to look for food. You went into Subway and ordered a chicken sub and asked the man behind the counter for money. You agreed it would have been confronting and threatening. You do not know how much money you were given. You accept that you did not pay for the food and told the man you would pay next time you came in. You went into the store intending to ask for money. You intended, had the man said no, that you would have asked again. You used some of the money to buy food and some to purchase drugs. You consumed the drugs that you purchased which was one or two points of methylamphetamine. You have been suffering from financial hardship for five years due to drug use. You have lost well over $1.5 million during the Global Financial Crisis and as a result of drug use, you have been declared bankrupt. At the conclusion of the interview, you were charged, processed and detained for the Court.
I have noted that you have spent 50 days in custody. You were admitted to bail on 4 August 2024.
A compensation order is sought pursuant to s 68 (1) of the Sentencing Act 1997 in favour of the proprietors of United Petroleum Lutana, address 409 Brooker Highway, Lutana, and Subway Claremont, address Shop 15 of 35 Main Road, Claremont in an amount to be fixed.
I have a record of your prior convictions. The State notes nothing relevant in those priors, they include a number of traffic offences.
Obviously, general deterrence is a significant factor in this case. Theft in these circumstances to feed a drug dependency, or indeed for any other reason, is all too common. Your offending occurred in a public place.
Although the complainants have chosen not to provide a victim impact statement, one can appreciate that the offending would have been a frightening experience for each of them. And the people working in the food industry and petrol station businesses are entitled to feel safe during the course of their employment.
You recalled a positive, stable up-bringing with your father, mother and brother. Your father passed away when you were young leaving you to be raised by your mother. You have a strong relationship with your mother, which is close and supportive.
You attended school to Year 12 at Hobart College. You report average literacy levels, good relationships with peers and teachers.
You have co-owned a business with your ex-partner. It was a grocer and take-away shop in Alonnah. You were residing with your ex-partner and co-owner at [address suppressed]. I am now advised that you are residing with your mother at [address suppressed]. As I understand it, you are yet to make decisions as to the disposition of the business.
You nominated [address suppressed] as a residence suitable for home detention. As I said, I have a pre-sentence assessment for home detention which has found you unsuitable for a home detention order. That assessment rests on both the isolated nature of the property and two reported incidents between you and your ex-partner on 29 November 2023 and 21 February 2024.
You report a history of mental health issues focussing on depression. At the moment you are self-monitoring. I am told that you reported a diagnosis of HIV.
Significantly, you have a history of illicit substance abuse with a preference for methamphetamine You acknowledge the contribution that illicit substance use has had as regards your offending and general behavioural issues.
Despite financial problems during the GFC, the pre-sentence report indicates you have no current financial concerns.
You attribute your offending to illicit drug use and poor decision-making. That account may readily be accepted. You report feelings of embarrassment and shame in respect of your offending. You are aware that family and friends, as well as those directly impacted, are victims of your offending. I accept your counsel’s indication that you are remorseful in relation to these matters.
You have also been assessed as unsuitable for community based supervision due to the limited risks or needs requiring intervention.
You have been assessed as suitable for community service.
Scott MacKinnon, you have pleaded guilty to one count of demanding property with menaces with intent to steal, and two further counts of stealing.
It is important that sentences for this type of offence which put service personnel, some of whom can be very young, at risk be publicly condemned. There is always a risk that such conduct will lead to unforeseen outcomes, as I have indicated earlier. I have limited sentencing options given your negative assessment as unsuitable for either home detention or community supervision.
I impose one sentence. You are hereby sentenced to a term of imprisonment of 18 months, wholly suspended on the condition that you commit no offence punishable by imprisonment within the next 18 months. It is a further condition of the suspension that you satisfactorily perform community service for a period of 120 hours within 18 months of the date of this order, and be supervised by a probation officer. You must report on or before 10:00am on Friday, 25 July 2025 to a probation officer at the offices of Community Corrections at 75 Liverpool Street. Hobart.
If you breach any of these conditions, you may be brought back to the Court and re-sentenced. In particular, if you commit a further offence punishable by imprisonment, then a court must order that you serve the term of imprisonment, as well as any additional sentence, unless that is unjust.
I make a compensation order pursuant to s 68 (1) of the Sentencing Act 1997 in favour of the proprietors of United Petroleum Lutana, address 409 Brooker Highway, Lutana, and Subway Claremont, address Shop 15 of 35 Main Road, Claremont in an amount to be fixed.