PEARSON, D L

STATE OF TASMANIA v DAVID LUKE PEARSON                         30 OCTOBER 2026

COMMENTS ON PASSING SENTENCE                                                     ESTCOURT J

 

The defendant, David Luke Pearson, aged 40 at the time of the offences, has pleaded guilty to uttering and perverting justice.

He was granted bail by the Magistrates Court on 18 June 2025 under specific conditions, including appearing on specific dates and at any subsequent adjournments, reporting weekly to the Huonville Police Station, and refraining from any contact with Joshua Andrew Bester.

Between 30 July 2025 and 12 November 2025, the defendant failed to report to the police station on 16 occasions.  Despite being contacted by Senior Constable Edwards and agreeing to attend the station on 18 August 2025, the defendant failed to do so and further attempts to contact him were unsuccessful.  Consequently, a warrant for his arrest was issued on 1 September 2025.

The defendant also failed to appear in the Hobart Magistrates Court on 13 November 2025, and that lead to the issue of another arrest warrant, and a further warrant on 28 November 2025 was issued for his continued failure to report.

On 2 December 2025, he was arrested and interviewed under caution at the Glenorchy Police Station.  During the interview, he presented a bail document that he claimed to have received on 18 June 2025.  That document contained conditions that conflicted with the original Magistrates Court bail document, as it omitted the requirement to report weekly to the police station.  The document presented by the defendant contained typographical errors, formatting irregularities, and evidence of text alterations.

Under caution, the defendant admitted that the document was false and described it as “dodgy.” He stated that it was created by one of his girlfriend’s friends and printed off a printer.  He explained that the document was an attempt to avoid the reporting condition and to mislead police into believing he never had such a condition.  He acknowledged that it was an offence to breach bail conditions and admitted that the document was falsified.  He was charged and detained to appear in court.

The defendant has prior convictions.  His last sentence was for manslaughter, for which he was sentenced to a term of seven years’ imprisonment and which I am told has had a major impact on him.  That was in 2016.

After his release, he was employed for several years but began using methylamphetamine in the last twelve months.  This led to his partner asking him to leave, forcing him to rely on friends for accommodation.  During this period, he was charged with a dishonesty offence, pleaded not guilty, and was granted bail.

He has pleaded guilty to the present offences, expressing remorse and disappointment in himself.  I am told that his drug use and lack of family support contributed to his poor decisions, but to his credit, he has not, as far as I am aware, engaged in further offending.

The defendant had a difficult childhood, marked by abusive and alcoholic parents.  His parents separated when he was 10, and he became homeless at 12 due to his father’s abuse.  He lived an itinerant lifestyle, leading to time spent at Ashley Detention Centre, where he also suffered abuse.  He met his partner at 15, moved in with her at 17, and they have had four sons together.  I am told the defendant and his partner are currently back together and that the defendant has arranged admission to the Salvation Army Bridge Programme.

After his release from prison on the last occasion, the defendant successfully completed parole without incident and demonstrated compliant behaviour and engaged in therapeutic and vocational courses.  He has also complied with his strict bail conditions in respect of these offences.  After he was paroled, he obtained employment at Tassal, rising from deckhand to skipper and earning a Master 5 skipper’s qualification.

However, he began using methamphetamine, which led to job loss, relationship breakdown, and poor decisions.  He spent 70 days in custody in March 2025, which helped serve as drug rehabilitation.  He is committed to returning to work and of good behaviour.

The defendant is convicted of uttering and perverting justice, the latter being by far the more serious offence, striking as it does at the integrity of our justice system.

He is sentenced to six months’ imprisonment backdated 70 days from today, with the balance suspended for a period of two years from today on condition that the defendant commit no offence punishable by imprisonment during that period.

In addition, I make a community correction order for a period of 18 months, which order will contain all of the statutory core conditions and special conditions:

(a)   that the defendant must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer;

(b)   that within the operational period of the order, the defendant must satisfactorily perform 105 hours of community service, as directed by a probation officer or a supervisor; and

(c)   that the defendant must, during the operational period of the order, undergo assessment and treatment for drug dependency as directed by a probation officer.