STATE OF TASMANIA v RACHELLE MAREE O’BRIEN 30 OCTOBER 2026
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant Rachel Maree O’Brien has pleaded guilty to one count of assault on indictment.
I have also agreed to deal with a number of associated summary matters pursuant to s 385A of the Criminal Code and have accepted pleas of guilty through counsel.
They are complaint 11858/2023 count 1, which is a charge of driving whilst disqualified, and complaint 11861/2023, which is a charge of breach of police family violence order and complaint 11862/2023, two charges of breach of family violence order and complaint 11865/2023, which is a charge of evade police in aggravated circumstances and complaint 3166/2024, which is a charge of drive a motor vehicle whilst a prescribed illicit drug is present in the blood.
The defendant was 37 years old at the time of these events and resided in Bicheno. The complainant, Brett John Hill, was 55 years old and lived in Clarendon Vale. The defendant and the complainant had been in a relationship for approximately 12 months, during which there was a history of family violence. Reciprocal Family Violence Orders were in place, prohibiting the defendant from threatening, abusing, or contacting the complainant, except under specific circumstances. The order against the defendant was issued on 1 June 2023 and was valid until 8 May 2024. Additionally, the defendant was subject to a three-year driving disqualification, effective from 7 May 2021.
On 2 December 2023, the defendant and complainant travelled separately to Triabunna, where the complainant paid for the defendant to rent a room at the Tandara Motor Inn. After spending some time together, the defendant left for Bicheno, leaving the complainant at the inn. The next morning, the defendant returned to Triabunna in her Ford Falcon motor vehicle, and an argument ensued between the two. The defendant left the motor inn and parked nearby. Later that day, the complainant approached the defendant while she was seated in her car, leading to another argument during which the defendant threatened to run him over. A witness observed the complainant crouching by the passenger side of the car and heard the defendant yelling threatening remarks.
The defendant briefly drove away but later drove her vehicle directly at the complainant, pinning him against a shopfront and causing him to roll along the wall. The complainant sustained fractures to his pelvis and other injuries, requiring hospitalisation and treatment at the Royal Hobart Hospital. The defendant returned to the scene briefly but did not stop, driving away in the direction of Orford.
Later that day, police attempted to intercept the defendant on the Tasman Highway at Runnymede, but she evaded them by overtaking vehicles and accelerating at high speed. Approximately 20 minutes later, her vehicle left the road on Tea Tree Road, colliding with a tree. The vehicle was significantly damaged, but the defendant extracted herself from the wreckage and was arrested at the scene. Ambulance Tasmania transported her to the Royal Hobart Hospital, where she remained under police guard. A blood sample was taken under the Road Safety (Alcohol and Drugs) Act 1970 and tested positive for methylamphetamine and THC. Due to her medical condition, there was a delay in formally charging her, and she was detained to appear before a Magistrate on 5 December 2023, where she was remanded in custody. She was later released on bail on 25 June 2024.
On 1 February 2024, the defendant participated in a recorded interview at Mary Hutchinson Women’s Prison. She described her relationship with the complainant as “very toxic” and admitted to the existence of family violence orders and her disqualified driving status. She acknowledged driving her vehicle to Triabunna but claimed she did not recall driving at the complainant or the police interception attempt. Her next memory was waking up in hospital.
I have read a victim impact statement from the complainant. He states:
“Since the incident, after being struck by the car I have suffered both physical injuries and psychological injuries. I suffered with two hip fractures, spinal fractures and lateral fractures; I spent over a month in hospital. I suffer back aches and hip aches daily and I suffer memory issues now.
After the incident, I became homeless due to the relationship ceasing. This affected me greatly as I was unable to access crisis accommodation whilst in a wheelchair.
I have recurring nightmares about being crushed between a building and a car. At the time of the incident, I thought I was going to die.
I’ve lost my hopes for the future; prior to the incident we were engaged to be married and hoping to build a family together; I had even started to investigate having a reverse vasectomy to start a family.
I’ve lost some of my family relationships due to my relationship with the accused.
My moods are up and down, and my mental health has suffered since the
incident.
I could not get back into a car for 12 months”
The defendant’s background is marked by profound childhood deprivation, including sexual and domestic abuse, homelessness from the age of 10, and early exposure to illicit substances. Her substance abuse began at age 9 and escalated to regular methylamphetamine use by age 11, which she attributes to coping with trauma. Her education was disrupted, and her life has been characterised by addiction and instability. A psychologist, Dr Jordan, has provided a report which highlights the impact of her traumatic upbringing on her cognitive function, emotional regulation, and vulnerability to further trauma.
The defendant has two children, a daughter aged 21 and a son aged 11, who are significant motivators for her rehabilitation. Her past relationships involved domestic violence and substance abuse, including one relationship ending with her partner’s murder, which led to further abuse and an acquired brain injury.
Despite periods of abstinence, including during pregnancies and between 2012-2019, her partner’s death triggered a relapse into substance abuse. She was previously sentenced to a Drug Treatment Order (DTO) in 2021, achieving periods of abstinence but ultimately disengaging due to undiagnosed mental health issues. Diagnoses include complex Post Traumatic Stress Disorder, bipolar disorder, schizophrenia, and an acquired brain injury. The DTO was cancelled in 2023, and her circumstances deteriorated, leading to homelessness, unmedicated mental health issues, and heavy substance abuse, coinciding with the offences before us today.
The defendant was incarcerated from December 2023 to July 2024, receiving sentences for family violence and other offences during this period. Upon release, she was granted parole, with the Parole Board noting her motivation to remain drug-free and her positive conduct during incarceration. Since her release, the defendant has stabilised her circumstances, residing with her daughter and grandchildren, and has not re-offended with any further serious offences, or breached bail conditions, as far as I am aware. Dr Jordan and Ms Flynn, a therapeutic specialist, confirm her progress in rehabilitation and engagement with support services. The defendant has plans to further address her substance use, maintaining a pro-social life, and seeking employment. She has engaged with the Bridge Treatment and Recovery Service and was scheduled for detox and residential treatment.
The defendant’s guilty pleas are significant, particularly for family violence offences, as they avoid the need for the complainant to testify and save Court resources. The defendant’s relationship with the complainant was marked by mutual family violence exacerbated by substance abuse. The complainant admitted to provoking her actions, providing context for the offending. The defendant has a history of violent and driving-related offences, but there has been a gap in such offending in recent years. Dr Jordan’s report highlights the role of intoxication and trauma in her offending, noting symptoms of PTSD and the impact of her abusive relationship with the complainant. He opines that specific deterrence should be moderated, as imprisonment is unlikely to support her rehabilitation or reduce recidivism.
Counsel for the defendant submits that her progress in the community, engagement with rehabilitative services, and guilty pleas warrant a sentence that avoids immediate imprisonment. Notwithstanding the seriousness of the offence, I agree that this case calls for an individualised approach to punishment.
The defendant is convicted of each of the crimes and offences to which she has pleaded guilty and save for the complaint 11865/2023, which is a charge of evade police in aggravated circumstances, I impose a single sentence of 18 months’ home detention.
The order will contain all the statutory core conditions contained in s 42AD (1) of Part 5A of the Sentencing Act 1997. With regard to s 42AD (1) (g) and (h), the following conditions are added to the Order:
- you must, during all of the operational period of the order submit to electronic monitoring, including by wearing or carrying an electronic device
- during the period that you are required to submit to electronic monitoring:
(a) you must not remove, tamper with, damage, disable or interfere with the proper functioning of any electronic device or equipment used for the purpose of electronic monitoring
(b) you must not allow anyone else to remove, tamper with, damage, disable or interfere with the proper functioning of any electronic device or equipment used for the purpose of electronic monitoring
(c) you must comply with all reasonable and lawful directions given to you in relation to the electronic monitoring, including in relation to the installation, attachment or operation of a device, or a system, used for the purposes of electronic monitoring by:
(i) a police officer;
(ii) a probation officer or prescribed officer; or
(iii) another person whose functions involve the installation or operation of a device, or a system, used for the purposes of electronic monitoring.
The following special conditions are added to the Order:
- immediately upon your release from Court, you must attend the Community Corrections office at Hobart for induction onto this order;
- you must, during the operational period of the order, remain at [address redacted] at all times, except during the times of 10:00am to 1:00pm daily, unless approved by a probation officer;
- you must, during the operational period of the order, maintain in operating condition an active mobile phone service, provide the contact details to Community Corrections and be accessible for contact through this device at all times;
- you must submit to the supervision of a Community Corrections officer as required by that officer;
- you must not, during the operational period of the order, take any illicit or prohibited substances. Illicit and prohibited substances include:
- Any controlled drug as defined by the Misuse of Drugs Act 2001;
- Any medication containing an Opiate, Benzodiazepine, Bupropion, Hydrochloride or Pseudoephedrine, unless you provide written evidence from your medical professional that you have been prescribed the relevant medication; and
- you must not, during the operational period of the order, consume alcohol, and you must, if directed to do so by a police officer or Community Corrections officer, submit to a breath test, urine test, or other test, for the presence of alcohol.
In addition, I make a community correction order for a period of 12 months which will contain all of the statutory core conditions and will contain the following special conditions:
- You must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer;
- You must, during the operational period of the order, undergo assessment and treatment for drug dependency as directed by a probation officer; and
- You must, during the operational period of the order, submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer.
In respect of the charge of evade police in aggravated circumstances, for which I am required to sentence you separately, you are sentenced to a period of 3 months’ imprisonment, which sentence I wholly suspend on condition that you commit no offence punishable by imprisonment for a period of 12 months from today. In addition, she is disqualified from holding or obtaining a driver’s licence for a period of 12 months from today.
Further, pursuant to s 13A of the Family Violence Act, I record these matters as family violence offences.