STATE OF TASMANIA v DEENA SHANTELLE-ROSE McCALL WOOD J
COMMENTS ON PASSING SENTENCE 23 MAY 2019
Deena Shantelle-Rose McCall has pleaded guilty to various offences arising from an incident on 28 April 2017. The police had received information that she was behaving erratically in the centre of Devonport, screaming in the street, and abusing staff at a bank. The police determined that they would take the defendant into protective custody pursuant to the Mental Health Act. When Ms McCall was approached by police she became aggressive and tried to walk away, and when Constable Melle Zwerver took hold of her, she threatened to punch him in the face and gestured with a closed fist to his face, thereby committing the offence of threaten a police officer, contrary to the Police Offences Act, s 34B(1)(b). When placed in the police divisional van, she became aggressive and was abusive towards the police officers, committing an offence of use abusive language to a police officer contrary to s 34B(1)(b) of the same Act.
Later, when taken to the North West Regional hospital in Burnie, she was abusive towards doctors and staff who attempted to speak to her. She was restrained in order for a sedative to be administered. While being restrained, Ms McCall abused two nurses and spat in the face of a police officer, Constable Hannah Wall. Her conduct gave rise to two offences of use abusive language to a public officer, contrary to the Police Offences Act, s 34B(2)(b), involving the abuse of the two nurses, and one count of a crime of assaulting a police officer, contrary to s 114(1) of the Criminal Code, by spitting in Constable Wall’s face.
Ultimately, the medical assessment revealed that Ms McCall did not meet the criteria under the Mental Health Act, and that her behaviour was drug related.
Constable Wall had to undergo blood tests for transmittable diseases, which were negative, but waiting on those results would no doubt have been stressful for her, and of course, she was doing her job, and what the doctors required of her.
The defendant has prior convictions for resist a police officer, wilfully obstruct a police officer and use abusive language to a police officer. She committed an offence of common assault as an adult in 2005. She has not, in relation to those prior convictions, received a sanction more onerous than convictions and fines.
Ms McCall pleaded guilty at an early stage although the matter took time to resolve while consideration was given by the prosecution to one of the charges.
Ms McCall is 33 years of age. As a child, she was exposed to violence in the family home, directed particularly towards her mother. She and her brother and her mother periodically spent time in shelters.
Ms McCall has two children, both subject to care and protection orders. She spends time with them regularly. She has an entrenched drug problem and a history of mental illness and has been diagnosed with paranoid schizophrenia, schizoaffective disorder with bi-polar effect. Just two days after the incident before the Court today, she was admitted to the Spencer Clinic Psychiatric Hospital as an involuntary patient, and she was placed on a mental health treatment order for 12 months. It was extended for a further 6 months, and in that time her medication was adjusted. She has received ongoing support at the Oldaker clinic in Devonport.
There have been issues with her compliance but it can be said that her mental health condition has stabilised.
When the matter was before me in June 2018, I adjourned sentence to give Ms McCall an opportunity to demonstrate that she would comply with her mental health plan, and would attend appointments and make efforts towards her rehabilitation.
The reports provided to me since then, refer to periods when the defendant had not been compliant with the treatment order and had not engaged with her case manager. Ms McCall did not attend a number of appointments with Community Corrections, and generally, she has been difficult to contact. A Home Detention Assessment was recommended at one stage, but ultimately such a sanction was not appropriate due to the defendant’s living arrangements and difficulties surrounding her relationship with her partner.
In terms of Ms McCall’s present circumstances, I note that her mother is gravely ill, and Ms McCall is conscious that a term of imprisonment will limit the time she has left with her mother. The mental health order is soon to expire, but is to be extended for a further 6 months. Clearly, that extension indicates that Ms McCall is in need of further support regarding her mental health. Until recently, she was resistant to counselling and intervention regarding her substance abuse. However, a report prepared on 10 May indicated that Ms McCall would be willing to engage in supervision and attend appointments as directed, and that she would engage in intervention services in relation to substance abuse. This is desirable as her rehabilitation is tied to her mental health and substance abuse. Engagement with specialist services is critical to her reform. I will impose a community based order with the sanction of a suspended term of imprisonment on the most serious charge. In the event that Ms McCall does not engage as required, then she may be subject to breach proceedings and then have to serve the term of imprisonment.
I have determined that there should be a term of imprisonment of 2 months, suspended for a period of 12 months in relation to the crime of assault a police officer. That suspended term of 2 months is to be subject to a number of extensive conditions, but they are going to be the same conditions that I will impose as part of a Community Corrections Order in relation to all of the other offences.
In relation to the crime of assault a police officer, I impose two months’ imprisonment wholly suspended on condition that you must not commit an offence punishable by imprisonment for a period of 12 months from today. Further, you are subject to the supervision of a probation officer for that same period of time, you must report within 1 clear working day to a probation officer or supervisor at the Devonport office, 8 Griffiths Street in Devonport; and you must report as required by that officer; you must comply with all the reasonable and lawful directions given by the probation officer, and you must not leave or stay outside of Tasmania without permission. You must notify your probation office of any change of address or employment within 2 working days.
Special conditions which you must comply with are:
1 You must attend educational and other programs as directed by your probation officer;
2 Submit to the supervision of your probation officer;
3 Undergo assessment and treatment for drug and alcohol use and dependency;
4 Submit to testing for drug and alcohol use as directed by your probation officer;
6 You must attend appointments with a drug and alcohol counselling service and not cease attendance without the permission of a probation officer;
7 You must submit to medical, psychological or psychiatrist assessment or treatment as directed by a probation officer or general practitioner or treating psychologist;
8 You must attend appointments and submit to counselling with the Oldaker Street Clinic in accordance with your mental health treatment order.
In relation to all the other offences before the Court, I impose a Community Corrections Order for a period of 12 months from today. The conditions of that are that:
You must be subject to the supervision of a Probation Officer, which is already a condition of the suspended term of imprisonment, and additionally, you are subject to the same conditions as apply to the suspended sentence. Again, these conditions are in place for a period of 12 months from today.