STATE OF TASMANIA v NICHOLAS JOHN MANSER 15 OCTOBER 2026
COMMENTS ON PASSING SENTENCE WOOD J
I have an application to cancel a Home Detention Order made by me on 19 December 2025 in relation to Nicholas John Manser. On that date, I sentenced Mr Manser with respect to one count of aggravated burglary, one count of assault and one count of wounding. On the aggravated burglary I imposed 10 months’ imprisonment wholly suspended for two years with conditions of supervision and community service, and on the assault, one month imprisonment wholly suspended for two years.
The Home Detention Order was imposed in relation to the count of wounding for a period of nine months. He was subject to the statutory core conditions and also special conditions that he not take any illicit drugs and also that he be subject to the supervision of a probation officer. I have received information about his response to that order involving many breaches from the day of induction on the day of sentence to 12 May 2026. This information is not disputed.
These breaches include unauthorised absences from home, failure to comply with directions regarding approved absences, many failures to attend urinalysis appointments, and when he did attend, positive test results for amphetamine and on two occasions also for cannabis use.
His compliance with the supervision component of the order has been extremely poor. There are concerns by Community Corrections about his non-compliance with the sentencing orders I made. As context, I note it is alleged that he has committed further offences while subject to the Home Detention Order and he is to appear before the Magistrates Court with respect to those charges tomorrow.
On the 26 May 2026, he was remanded in custody and he has been in custody since.
His personal background and history up until the date of sentence on 19 December 2025 are canvassed in my comments on passing sentence. He has had a very disadvantaged childhood and adolescence involving physical neglect and abuse. Particularly relevant is his long history of drug abuse. I noted his offending has been strongly tied to his drug addiction and chaotic and unstable lifestyle, lack of emotional and personal resources, and lack of support. When I sentenced him, I noted that his circumstances had improved significantly, and he had the support of his two sisters and had commenced drug counselling.
Since he was sentenced, he was confronted with the progressive deterioration of his brother from terminal cancer and his death on 9 April this year. They were close and the impact upon Mr Manser should not be underestimated. He resorted to drug use as a coping mechanism and his behaviour deteriorated significantly.
It is abundantly clear that any real hope of reform is contingent upon him dealing with his drug problem and having the necessary strategies and resources to help him deal with life’s difficulties, so he does not relapse.
While in custody, Mr Manser has taken the initiative and has attended mental health appointments and he has spoken to Alcohol and Drug Services. He has been approved for admission at Serenity House detoxification program for a two-week period and a bed is being held for him, available on 22 October 2026. I note too Mr Manser has expressed interest in attending the Missiondale residential program on completion of the Serenity House program.
The Home Detention Order is not still in force. I will deal with the offender pursuant to s 42AI(4)(e)(ii) of the Sentencing Act in such a way that I could have dealt with the defendant had I just found him guilty of the crime of wounding. I have taken into account the matter set out in subsection (5), concerning the matter of compliance.
I record a conviction for the crime of wounding and impose a term of imprisonment of 9 months backdated to 26 May 2026. The balance from 21 October 2026 is suspended on strict conditions for a period of 18 months. His release the day before the start of the Serenity House program will provide the opportunity for him to attend Centrelink and Community Corrections. He may be directed by Community Corrections to stay with his sister, Amy Louise White, that night at 7 Downie Circle, New Norfolk or such other address as appropriate.
The conditions of suspension are:
You must not commit an offence punishable by imprisonment for the period of 18 months from 21 October 2026.
For the same period, you are to submit to the supervision of a probation officer.
You must, immediately upon your release, attend Community Corrections at 75 Liverpool Street, Hobart and report to a probation officer and subsequently as required by a probation officer.
You must, during the operational period of the order, report to a probation officer as required by the probation officer.
You must comply with the reasonable and lawful directions of a probation officer as required.
You must not, during the operational period of the order, leave, or remain outside, Tasmania without the permission of a probation officer;
You must, during the operational period of the order, give notice to a probation officer of any change of address or employment before, or within 2 working days after, the change.
You must comply with directions that you be admitted to the Serenity House detoxification program on 22 October 2026 and/or subsequently, and that you complete that program.
You must comply with any directions regarding drug rehabilitation and in particular, that you attend assessment, treatment and counselling in relation to your use of drugs including that you attend any residential programs such as the Missiondale Program.
You must comply with any directions of a probation officer regarding accommodation and your place of residence.