MILLWOOD G D

STATE OF TASMANIA v GARY DAVID MILLWOOD                 1 SEPTEMBER 2021

COMMENTS ON PASSING SENTENCE                                                            PEARCE J

 Gary Millwood, you plead guilty to assault. Just before 5 am on Saturday 16 January 2021 you were in the Launceston CBD with friends. You had been socialising and drinking for many hours. On York Street, between Charles and St John Streets, an altercation was occurring amongst a group of young men, and some females. In the midst of all this you came to believe that one of the young men in that area had made crude advances to your partner as she was walking separately from you a little earlier. You challenged him and became increasingly agitated when he denied the conduct. He walked away from you but, as he did so, you approached him from behind and punched him to his right jaw. As you did so his friends heard a crack. The force of the blow broke his jaw on both sides. He slumped to his knees, bleeding from his mouth. He was later taken to hospital in considerable pain. The extent of the injury was revealed by medical examination and investigations in Launceston and Hobart over the following day or so. He underwent surgery in Hobart on 17 January 2021, to insert plates and screws on both sides of his jaw. He was discharged from hospital on the following day but was unable to work at all for a week and partially incapacitated for a further six weeks.

There is no victim impact statement, but I have no doubt that the injuries he suffered were painful, distressing and debilitating and are likely to have long term psychological, if not physical, effects.

You are aged 23. You are in a long term relationship and have two children. Although you and your partner do not live together because of an inability to find suitable accommodation, you spend a good deal of time at your partner’s home with your children. You live with your mother. You have been employed in manual work since leaving school and for the last year have held casual but steady employment as a trades assistant in a civil contracting company. A reference from your employer indicates that your skills are valued by him, but imprisonment would likely put your job at risk. This is yet another instance of public violence by a young man affected by alcohol. You and others must understand that even a single punch may, and often does, cause serious injury and even loss of life. This blow was struck from behind when the victim was not expecting it and was unable to defend himself. It is an assault of such seriousness as to warrant a term of imprisonment. However, for a range of reasons I have decided that a home detention order is the appropriate sentence. You are still a relatively young man. You quickly admitted what you had done to the police in circumstances in which proof of the identity of the offender may have been uncertain. You entered a very early plea of guilty and I am satisfied that, in your case, it not only facilitates justice and indicates an acceptance of responsibility, but also demonstrates a genuine desire to make amends. You have no prior convictions for violence and you have not been sentenced to imprisonment before. A home detention order will permit continuation of your employment while, at the same time, carrying a real punitive consequence by otherwise confining you to your residence for what should be a prolonged period. An inability, or reduced ability, to be with your partner and children will be a real punishment for you and will affect them, but that is part of the price to pay for committing crime.

You are convicted. I make a home detention order. The operative period of the order is 10 months from today. I specify the premises at which you are to reside during the operational period of the order as [home detention premises]. I order that immediately upon your leaving Court you report to the office of Community Corrections at 111 Cameron Street Launceston, for induction into this order, and a further explanation as to its full terms. The order will be subject to all of the core conditions set out in the Sentencing Act 1997, s 42AD(1). They will be set out in the order that you will be given, but include that you will submit to electronic monitoring and must, during the operational period of the order, if directed to do so by a police officer, probation officer or prescribed officer, submit to a breath test, urine test, or other test, for the presence of an illicit drug. It will also include a condition that you not consume alcohol. I specify that you must be at the home detention premises at all times unless for a relevant reason. In short, that means that you must be at those premises unless there is a need for urgent medical treatment, there is a serious risk of death or injury, or you already have the approval of a probation officer to be absent. It will be for the probation officer to determine what to approve so as to allow for treatment or rehabilitation, or for any other purpose, including contact with your children. The conditions will include that you not commit another offence punishable by imprisonment and that you comply with all directions given to you by your probation officer. I impose special conditions that:

  • you must submit to the supervision of a probation officer as required by that officer;
  • you must not take any illicit or prohibited substances. Illicit and prohibited substances include any controlled drug as defined by the Misuse of Drugs Act 2001, and any medication including an opiate, benzodiazepine, bupropion hydrochloride or pseudoephedrine, unless you provide written evidence from your medical professional that you have been prescribed the relevant medication;
  • you must not, during the operational period of the order, consume alcohol, and you must submit to a breath test, urine test or other test for the presence of alcohol if directed to do so by a police officer or Community Corrections officer;
  • you must submit to any rehabilitation or treatment program as directed by a probation officer;
  • you must submit to a medical, psychological, psychiatric or physical or mental health assessment or treatment as directed by a probation officer;
  • you must maintain an active mobile phone service, provide the contact details to Community Corrections and be contactable through the mobile phone service at all times.

This order comes into effect immediately. You must understand that if you do not comply with the conditions, imprisonment is likely. If you breach the order by committing another offence, the order must be cancelled unless there are exceptional circumstances, and in that case imprisonment would be highly likely.