Petrere T N

STATE OF TASMANIA v TREVOR NOEL PETRERE      PORTER AJ

COMMENTS ON PASSING SENTENCE                       23 MAY 2019

 The defendant, Mr Petrere, appears for sentence in relation to one charge of assault committed on 30 March 2019.  I am also dealing with his pleas of guilty to summary charges, being two of assault and four of breaching a nationally recognised domestic violence order, (DVO), contrary to s 35(1) of the Family Violence Act.  All charges arose out of the same incident and involved the defendant’s wife, Isabella.  The complainant and the defendant had known each other for a few months before they married in March 2018.  They separated in May 2018, and at the time of the incident in question, were living separately and apart, although making attempts to reconcile.  They ordinarily live in New South Wales.  The complainant contends that the defendant had been abusive towards her during the time they were together.  In late January 2019, on a charge of damaging the complainant’s property, the defendant was sentenced in New South Wales to a conditional release order operative for 12 months, which saw him released without conviction, with a period of 7 days Community Corrections supervision.  At the same time as the sentence, a domestic violence order was made that the defendant not assault or threaten, stalk, harass or intimidate the complainant, or intentionally or recklessly destroy any of her property. The order was of two years duration and specifically made applicable throughout Australia.

On a weekend in late March 2019, as part of the reconciliation process, the couple came to Tasmania to celebrate their first wedding anniversary.  They seem to have argued on the Friday and on the morning of Saturday 30 March, the complainant told the defendant that she wanted a divorce.  This caused him to become angry.  The complainant, who was upset, went into the bathroom but the defendant took hold of the door and prevented it being closed.  He grabbed her and put her onto the floor of the bathroom, where he slapped her buttocks forcefully a few times on each side, to the extent where red handprints were left on her skin.  This conduct constitutes a summary assault, and a breach of the DVO.  The complainant went to bed and tried to telephone reception in the hotel but the defendant grabbed the phone from her.  He would not let her move from the bed.  She tried to get her mobile phone but he told her she was not allowed to move.  He pushed her backwards causing her to lie on her back, and covered her face with a pillow.  She tried to get up but he kept pushing her backwards and covering her face with the pillow.  He pushed the pillow into her head for a couple of seconds at a time and said “I’m trying to kill you”.  He did this three times in total.  The complainant found it difficult to breathe and, as it was put, “almost stopped breathing briefly”.  She believed he was going to kill her.  This conduct constitutes the indictable charge of assault and a breach of the DVO.  The defendant also covered the complainant’s body with a mattress and blanket, pinning her to the bed.  This makes up the other summary charge of assault, and a breach of the DVO. At this point, the complainant screamed for help.  The defendant said that if he went to gaol, he would plan something while there, and when he got out, he would kill her.  That is a further breach of the DVO. The complainant went to the door and called for help.  A man in the hallway asked what was going on, but the defendant deflected things by telling him the complainant had mental health issues.  The defendant pulled her back into the room and onto the bed.  He then packed his bags and went to reception, where he requested police be called.  In the meantime, the complainant has also telephoned reception and asked that they contact police.  The defendant awaited the arrival of police.  He was arrested and taken to the police station where he was interviewed. During the interview he made a number of admissions to things he was accused of.  He said that they were laying in bed when the complainant received a phone call.  He said she began screaming in a Chinese language, he became agitated, and asked her to tell him what was going on.  She said that her ex-husband was seeking full custody of the son she had with the ex-husband, and started to blame the defendant for it.  The defendant was later remanded in custody where he has remained since, and on 16 April 2019, entered pleas of guilty in the Magistrates Court.  In spite of being contacted about the matter, the complainant has not provided a victim impact statement.  There is no suggestion of any physical injury, but the conduct has the potential, of course, to cause emotional harm.

The defendant is now 41.  He is Canadian by birth but has lived in Australia since 2005.  He has no family in Australia.  He served in the US Marine Corps, and while training in Australia, met his first wife.  He settled here but that marriage ended.  He has a good industrial record.  He worked his way up from a storeman’s position to one in printing operations with a major corporation.  He has a permanent position.  I am told that he enjoyed being with the complainant and her 8-year-old child, but the relationship was a volatile one and they would often argue.  They had periods of living together and living apart, he leaving the matrimonial home when asked to.  He has been on anti-depressants for a time.  However, at the time of this incident he had not been taking them, and in that state he was less able to cope with the stresses of the relationship.  I am told that the two had been niggling at each other.  She blamed him for the custody issue that had arisen, and he became angry at that.  It was put, and I am prepared to accept, that he had no actual intention to harm her.  He vented his rage and he accepts that his conduct was not acceptable.  He accepts that he would have frightened her.  I take into account that he has no recorded history of physical violence, and no record of any other offending, apart from a property damage offence arising from anger or retribution within this relationship, and to which I have already referred.  I take into account that the defendant has not been in prison before, and is now imprisoned in Tasmania, away from his home State.  I take into account the pleas of guilty which, at least, have significant practical value.  Further, his counsel noted that, as outlined, he took himself away from the room and asked that the police be called.  That indicates an immediate appreciation of his wrongdoing.  He waited for them to arrive and was co-operative.  There is some other evidence of remorse.  I am told that he is ashamed of what he did, and has written what seems to be a letter of apology, to which the complainant is yet to respond, but he has hopes of a reconciliation.  I also have a character reference from a person in whose home the defendant was renting a room for about two weeks before this incident.  This person was going to help the defendant start meditation classes, something in which the defendant expressed an interest. It is suggested that the present situation is out of character.  I accept the genuineness of the letter, but the period involved is of such a short duration that I can give it little weight, and it must be put in light of the offending in December 2018.  I take into account that all of the offences make up one course of conduct engaged in over a short period of time.  Further, the acts which make out the three assaults also, of course, make out three charges of breaching the DVO.

Mr Petrere, violence in existing and former relationships is a matter of much community concern. It is not to be tolerated. Your violent, threatening and domineering behaviour amounted to a breach of the trust in the relationship.  Very fortunately, no physical injuries of any real significance were caused, but the act of smothering is an inherently dangerous thing to do. Although that assault was of short duration in itself, it caused the complainant some breathing difficulty, as well, of course, great fear.  Additionally, the assaults were committed in breach of a court imposed domestic violence order, and that is a matter of some significance.  Attempting to deter you and others from this conduct is of primary importance.  As against that, I have set out what I see to be the things which operate in your favour. In particular, you are entitled to a discount for your pleas of guilty and co-operation.  However, in the circumstances, I do not feel able to accede to your counsel’s submission that you serve no further time in prison, but I will give some relief from the full term.  You are convicted of all charges and sentenced to 12 months’ imprisonment to commence on 30 March 2019, but the execution of 8 months of which is suspended on condition you commit no offence punishable by imprisonment for a period of two years.  I direct that the offences be recorded as family violence offences.