STATE OF TASMANIA v ANDREW SIMON PARE 10 AUGUST 2023
COMMENTS ON PASSING SENTENCE JAGO J
Mr Pare, you have pleaded guilty to two counts of criminal code assault, contrary to s 184 of the Criminal Code. The complainant is your then partner. You and your partner were in a relationship for a period of about three years. There is one child to the relationship, who was 20 months old at the time of the crimes. The complainant also had two other children, aged 8 and 14, to a previous relationship.
On 23 January 2022 you and the complainant were home, together with your 20 month old daughter and the complainant’s 8 year old son. An argument developed. There was some name calling. The complainant left the home for a period of time. When she returned, you were intoxicated, and I infer agitated, because the complainant soon left the home again. Upon her return you were outside with a cooker. The complainant, concerned about the children’s safety, made a comment to you and closed the back door. You came inside and started arguing with the complainant, telling her that you were sick of being told what to do. The argument escalated. The 20 month old child was standing at the complainant’s feet, and the 8 year old was nearby in a hallway. They witnessed the argument. Both children became very upset and were screaming during the incident. You say at one point you were pushed by the complainant. Even if you were, it in no way justifies what you then did. Whilst your daughter was still standing at the complainant’s feet, you punched the complainant’s head twice, hitting her slightly above and to the back of her left ear. The complainant collected the child and walked to the lounge room. Understandably, she reprimanded you about behaving in this manner in front of the children. Whilst the complainant was still holding the 20 month old, you pushed her causing her to fall onto the couch. You then grabbed her around the neck with your hand and applied significant force making it difficult for her to breathe. She told you to stop. You did not do so. She was so scared she urinated. She tried to stand up but you would not allow it. You continued to apply pressure to her throat. Each time she would try to stand you would push her back into the couch and continue to exert pressure onto her neck. Eventually you desisted and left the house. The complainant was left with general soreness and significant bruising to her neck. I have seen photographs of the bruising. The extent of the bruising is suggestive of quite considerable force being applied.
The following day, you messaged the complainant. You offered her something of an apology, but upon her indicating she would not accept it, you messaged back saying “I obviously didn’t bash you good enough, you’re still yapping”. Clearly you were not remorseful for your behaviour. Indeed, further messages sent by you several weeks later indicated you had little insight into the seriousness of your behaviour and suggested you considered the incident was, somehow, the complainant’s fault.
You also sent a message to the complainant suggesting you may suicide. The complainant was fearful and did not report the incident to police immediately. She reported the matter on 11 March 2022. The following day you were arrested. You were remanded in custody between 12 March 2022 and 30 March 2023.
Mr Pare, your behaviour towards the complainant was cruel and frightening. Not only did you cause her physical harm, but you treated her with disdain. You also showed no concern for the young children who were in the house at the time of your violence. It is highly aggravating that the violence was perpetrated in the presence of the children. It is well understood that exposing a child to family violence in their formative years can, and often does, have a significant impact upon their development and psychological well-being.
I have carefully considered the victim impact statement of the complainant. Your crimes have had a terrible impact upon her and the children. She was scared for both herself and the children during the attack. Her injuries took some time to heal and she found this embarrassing. She continues to suffer from anxiety and is constantly worried and apprehensive. The children also experience anxiety and stress. The older child requires counselling. She found the process of preparing for Court traumatic.
You are now 34 years of age. You have two children. You have no relationship with the child born to the complainant. Your other child is 13 and you see that child regularly. I am told that around the time these crimes were committed you were consuming alcohol heavily. You suffer with depression and excessive alcohol use has been associated with this over time. This was exacerbated in April 2021 when you found your father whom had passed away. At the time these crimes occurred, you had been consuming alcohol heavily. The relationship had been experiencing its difficulties. You had been working on a fly in/fly out basis and this had contributed to the deterioration of your relationship.
As noted, you have spent over a year in custody immediately following these crimes. Since your release you have abstained from the excessive consumption of alcohol. You have obtained employment. You work in the forestry industry. You operate a piece of machinery that requires a particular skill set. You are considered a valuable employee.
You have a number of prior convictions. Many of them are reflective of excessive alcohol use. There are number of convictions for driving offences, and a number of convictions for offences against police. You have no prior convictions for family violence offending.
Family violence crimes are always serious. They inherently involve a breach of trust and are typically committed against vulnerable complainants. Violence of this kind is simply inexcusable. The pressure you applied to the complainant’s neck and throat must have been significant given the bruising that was caused. It also resulted in her having difficulty in breathing. It is obvious that any conduct which obstructs breathing is fraught with risk. It is an act which can quickly lead to serious injury or death. The risk of such consequences occurring when such an act is committed by an intoxicated person, who has limited capacity to appreciate the degree of force being applied, is only enhanced.
You are entitled to credit for your plea of guilty. Even though it was a late plea, it nevertheless facilitated the course of justice and importantly, spared the complainant the additional trauma of having to give evidence in a court room. In sentencing for matters of family violence, general deterrence, denunciation, punishment and protection of victims are paramount sentencing considerations. The only appropriate sentence is a period of imprisonment. Given, however, the positive changes you have made since your release from custody, in particular, your employment and abstinence from heavy alcohol use, I do not consider there is any merit in returning you to prison. To do so may well destabilise the positive improvements you have made. Both you and the community are better served by encouraging your ongoing rehabilitation. I therefore intend to suspend the balance of the period of imprisonment I impose.
You are convicted of all matters. I impose a single sentence. You are sentenced to 18 months’ imprisonment, backdated to commence from 22 July 2022 to take into account time already served in custody. The balance of that period of imprisonment is suspended on condition that you are not to commit any offence punishable by imprisonment for the next two years. Pursuant to s 13A of the Family Violence Act 2005, I direct that both crimes be recorded on the defendant’s criminal record as family violence offences.