STATE OF TASMANIA v NMM WOOD J
COMMENTS ON PASSING SENTENCE 3 SEPTEMBER 2019
On 19 October 2018 the defendant was sentenced by me in relation to a count of aggravated armed robbery to a partially suspended detention order. The sentence was 18 months detention backdated to 24 March 2018, the balance from 19 October was suspended for 18 months. In effect, there was then 11 months and three days detention suspended.
He breached that suspended detention order by reoffending, and failing to comply with other conditions requiring supervision by Youth Justice.
On 29 April 2019 the defendant was re-sentenced. By then he had served a total of 117 days in custody at Ashley. That was noted, and I told him then that he had some 7 months (and 5 days) outstanding.
Since then the defendant has reoffended. About a fortnight after he was released he committed an offence of destroy property, and on 7 June he committed offences of assaulting police officer, resisting a police officer and trespass, and on 10 June he committed two offences of assaulting a police officer, resisting a police officer and using abusive language to police. He received the benefit of a suspended detention order for those offences. On 27 August the Chief Magistrate sentenced the defendant to 4 months detention, wholly suspended with conditions that he comply with all reasonable directions of Youth Justice.
The suspended portion of the suspended detention order should be activated. The defendant was well aware of the consequence if he did not comply with the conditions of the re-suspended detention order. I turn then to consider how much of that seven months and 5 days should be restored or activated.
The defendant has been remanded at Ashley Youth Detention Centre since 10 June, a period of 85 days excluding today. I allow a 5 day deduction for the community service hours he has completed (27 hours on the order I imposed in April 2019). That reduces the sentence to seven months. I have been provided with a report by Ms Duggan dated 29 August 2019 which is useful because it tells me about the extent to which the defendant complied with the partially suspended detention order while in the community. There was a short period of compliance in the community after he was sentenced in October 2018.
After he was resentenced in April 2019, the defendant engaged with Mr Beard on five occasions, as required by him, and also engaged with Mr Julian Cole from the Transition from Detention Program. However there were concerns about the defendant’s use of drugs within approximately a month of his release. He lived at Youth Care for approximately a week until he breached his curfew and committed the offences I have mentioned on 7 and 10 June.
So, I take into account that there was compliance with the two suspended detention orders for a relatively short period of time on each occasion. I will reduce the sentence by two weeks for the first period of compliance after 19 October 2018, and reduce the sentence by a further period of four weeks for the second period after the sentence was re-suspended on 29 April. Accordingly, I reduce the sentence of seven months detention to five months and two weeks detention.
The defendant’s behaviour at Ashley has been mixed. He has had several incidents of poor behaviour. On the positive side of things, he has shown an improved attitude towards staff and he is engaging well in discussions around his future and employment possibilities. He has engaged well with psychologist Ms Julia Lane and has been seeing her on a weekly basis. He can see a link between his offending and drug use involving methamphetamines. He aims to be abstinent from methamphetamine and alcohol when released and I understand will co-operate with support in that regard. He is willing to continue counselling in the community. I have been assured that services will work together to ensure that the defendant is supported by the most appropriate mental health provider available.
The defendant continues to have the support of his great aunt and great uncle. There remains the possibility of him returning to the family home if there is a major improvement in his attitude and behaviour, and positive involvement in sport and education or job seeking. I understand that the defendant’s present view is that he wants to spend time with his younger brother but he also wants some independence.
I am satisfied that the defendant has contravened conditions of this suspended period of detention that was re-imposed by me in April of this year. I make an order pursuant to s 94(4)(e) of the Youth Justice Act, restoring part of the sentence that was suspended. I impose five months and two weeks detention as the restored part of the partially suspended detention order. It is backdated to take account of the time he has spent in custody on this matter. His sentence should be backdated by 202 days, so that is 85 days plus 117 days for the two occasions involving his remand periods. Accordingly, it is backdated to 13 February 2019. The defendant has served his sentence in its entirety.