STATE OF TASMANIA v BAILEY JOHN PURDON 18 DECEMBER 2019
COMMENTS ON PASSING SENTENCE BLOW CJ
Mr Purdon has pleaded guilty to a charge of causing grievous bodily harm by dangerous driving. The victim of this crime was a taxi driver, Mr Sathasivam. On the morning of 13 September 2018 Mr Sathasivam picked up a passenger in Cygnet. That passenger got him to drive to Geeveston. When they got to Geeveston, the passenger told the driver that he had a friend there who was going to pay the fare. The fare was $79.10. The friend was Mr Purdon. The passenger spoke to Mr Purdon, and then told Mr Sathasivam that neither of them had the money to pay the fare. Mr Purdon was sitting behind the wheel of his car. Mr Sathasivam went to his window. While he was trying to get identity details from the passenger, Mr Purdon started to reverse his vehicle and manoeuvre it so that he could drive away. Mr Sathasivam stood in front of Mr Purdon’s vehicle and asked him to stop. He put both hands in the air, signalling Mr Purdon to stop, but Mr Purdon drove at him, and he did not have enough time to get out of the way. He landed on the bonnet, and held onto the windscreen wipers while Mr Purdon drove at about 40 to 50 kilometres per hour, swerving from side to side, so that Mr Sathasivam had to hold on tightly. After travelling about 500 to 600 metres, Mr Purdon braked heavily. Mr Sathasivam fell from the front of the vehicle, and was dragged a short distance, with his legs under the vehicle, before it stopped.
Both of his legs were broken. He suffered a comminuted fracture of the right tibial plateau, a soft tissue injury to the meniscus of the right knee, a fracture of the left fibula, an injury to his left shoulder, and back pain.
Mr Sathasivam is a refugee from Sri Lanka. He saw his father killed. His mother was gaoled. He came to Australia with his family in 2003. He settled in Tasmania in 2010. On the day in question he feared for his life. He was taken to hospital by ambulance. It was four months before he was able to walk without crutches. He had several months of orthopaedic treatment and physiotherapy. He is now unable to walk or stand for long periods. He is unfit for physical labour. He is too nervous to go back to taxi driving. He has ongoing psychological symptoms. This crime has ruined his life. He thought he and his family would be safe in Tasmania. He is now worried about how he will manage the rest of his life financially, physically and psychologically.
Mr Purdon was 19 years old on the day in question. He is now 20. He has no significant prior convictions. He is single and unemployed. He has been living alone, but lives near his mother. I have been provided with a psychiatric report about him. He meets the criteria for a major depressive disorder, with some associated psychotic symptoms.
His actions on the day in question were impulsive. He was not intoxicated. He was concerned that he was driving an unregistered vehicle and did not have a driver’s licence. He panicked, and tried to drive away, but did not stop when he endangered Mr Sathasivam. After stopping his vehicle, Mr Purdon remained at the scene. When a police officer arrived, he admitted to being the driver. He contacted the hospital on the day after the incident in an attempt to check on Mr Sathasivam’s welfare. He attended a police station for an interview by arrangement three days after the incident. He made significant admissions. He indicated long ago, through his counsel, that he would plead guilty to an appropriate charge. Because of his mental health problems, he will find imprisonment significantly more difficult than ordinary offenders do.
The consequences of this crime for Mr Sathasivam were unintended and unforeseen, but they were so serious that, in my view, imprisonment is the only appropriate penalty. The man’s life has been ruined. However, because of Mr Purdon’s personal circumstances, particularly his age, his mental health problems, and his lack of prior convictions, I will impose a shorter sentence than I would ordinarily impose for this sort of crime, suspend part of it, and fix the shortest possible non-parole period.
Bailey John Purdon, I convict you and sentence you to two years’ imprisonment with effect from 6 December 2019. I suspend one year of this sentence on condition that you commit no offence punishable by imprisonment for a period of 18 months from today. You will not be eligible for parole until you have served six months of this sentence.