STATE OF TASMANIA v CHLOE MONIQUE O’BRIEN ESTCOURT J
COMMENTS ON PASSING SENTENCE 10 DECEMBER 2025
The defendant Chloe Monique O’Brien, aged 23 at the time of the offending, has pleaded guilty to one charge on complaint 7778/2024 of Recklessly Discharge a Firearm contrary to s 239B of the Criminal Code. That was the earliest possible plea of guilty and she was committed to this Court for sentence.
I have also agreed to deal with charges 2-5 on complaint 7778/2024, which are associated summary charges as follows:
- Count 2 – possess shortened firearm contrary to s 116(b) of the Firearms Act 1996 (Tas)
- Count 3 – possess a firearm when not the holder of a firearm licence of the appropriate category contrary to s 9(1) of the Firearms Act 1996 (Tas)
- Count 4 – use silencer contrary to s 118(1) of the Firearms Act 1996 (Tas)
- Count 5 – possess a controlled plant or its products (minor offence) contrary to s 25 of the Misuse of Drugs Act 2001 (Tas)
I have accepted pleas of guilty to those offences through her counsel, Mrs McShane.
As stated in her record of interview with police, the offending occurred at her brother’s address in Bridgewater when the illegal and unregistrable shortened .22 rifle, with a crude plastic cordial bottle silencer, was produced. The defendant, prior to this, had never seen or used a firearm before. She was asked whether she wanted to shoot the rifle in the backyard and she made a reckless decision to do so. Her possession of the gun, I note, was extremely limited. Its possession and use was confined to the period of time in which she held, aimed and fired at a 10 metre target in the backyard of her brother’s unit, a period between 1-2 minutes.
On Wednesday, 12 June 2024 police executed a search warrant at the accused’s address, being [address redacted]. During the search police located the following items in the laundry:
- Approximately 0.5 grams of cannabis
- A snap lock bag containing approximately 0.5 grams of cannabis
The defendant is now 24 years old and was 23 years old at the time of the offending. She reports a very challenging and difficult childhood. Between the ages of 2–7 she was living with her mother in what could only be described as appalling conditions. She instructs that whilst she was in her mother’s care, she was repeatedly physically assaulted and experienced severe neglect. This included her mother taking off for months at a time and leaving the defendant either alone, or in the care of her older brother. It was often the case as a young child she was left alone without food or other essential items. She would manage to attend school by herself. This would occasionally see her inadequately dressed, such as by not wearing shoes.
The abuse and neglect the defendant suffered was ultimately brought to the attention of welfare. This was in many respects a positive progression as it saw her removed from her mother’s care. She was placed into the care of her father who subsequently raised her. She instructs that her father was a very good influence on her and that she continues to benefit from a close relationship with him.
In terms of her education, she nonetheless meaningfully participated in school despite the challenging circumstances she experienced. She was educated at Kingston Primary School, followed by Jordan River Learning Federation and Sorell High School. She stopped attending school part way through year 9.
The defendant is a proud single mother to her daughter, who was born in January 2021 and is 5 years old. She instructs that the birth of her daughter completely turned her life around and changed her for the better. She was in a relationship with the father of her daughter for approximately six years. But she was a victim of family violence in this relationship and the last three to four years of the relationship were particularly difficult and traumatic.
The defendant and her daughter have access to stable accommodation through Housing Tasmania in a two bedroom unit. The defendant will have the benefit of this accommodation for the foreseeable future. She is presently in a stable and loving relationship and reports her partner to be a positive influence on herself and her daughter.
The defendant has previously held employment as a cleaner. She intends on returning to this work once her daughter commences school and work is available to her. She is also interested in completing courses relevant to future employment prospects through TAFE. Her present source of income is the Parenting Payment and Family Tax Benefit.
The defendant sees a general practitioner at the West Hobart Health Hub on a monthly basis and is prescribed anti-depressant and sleeping medication. She has also previously used a Mental Health Treatment Plan for treatment of her mental health.
Her prior convictions are of minimal relevance, as they are of some age and relate to an entirely different kind of offending. In relation to the charge number 5 on complaint 7778/24 (possess controlled plant or its products), I note the defendant has no prior sentencing outcomes by a court for offending contrary to the Misuse of Drugs Act. She told police in her interview that the cannabis had been left at her house by a friend.
It is submitted that this case is one in which the court could conclude that the degree of culpability is towards the lower end of the scale. I am not sure that I agree with that given that it occurred in a suburban back yard setting. There is a public park/reserve behind the unit which continues to the East Derwent Highway, and residential suburb of Herdsman’s Cove. It was a very dangerous act and a highly illegal one.
I take into account the matters raised, however, by Ms McShane in mitigation.
It is submitted that for all the reasons that Ms McShane gave, the imposition of a fine would appropriately meet the relevant aims of sentencing in this case. I disagree.
The defendant is convicted of each of the offences to which she has pleaded guilty and is sentenced to a period of one months’ imprisonment, which sentence I wholly suspend on condition that the defendant commit no offence punishable by imprisonment for a period of 12 months.
The effect of that is that the defendant will not be required to serve the sentence of imprisonment, provided she commits no further offence which might be punishable by imprisonment for a year from today.