STATE OF TASMANIA v JEREMY MARK QUINN 10 DECEMBER 2021
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant in this matter, Jeremy Mark Quinn aged 22 at the time of the offending has pleaded guilty to an indictment charging one count of aggravated assault contrary to s 183 of the Criminal Code and one count of recklessly discharging a firearm contrary to s 239B of the Criminal Code.
I have also acceded to an application made under s 385A of the Criminal Code to deal with related summary offences in this Court. The defendant has pleaded guilty to charges on complaint number 8462/2020 as follows:
- One count of obstruct the path of another driver.
- One count of common assault.
- One count of possess a firearm when not the holder of a firearm licence of the appropriate category.
- Possess an unregistered firearm.
- Possess ammunition when not the holder of the appropriate firearm licence.
There are two complainants in this matter, Ms Julie Ransley aged 19 and Montanah Crosswell aged 21. At the time of the offending, the defendant and Ms Crosswell were in a significant relationship.
On 22 September 2020 the defendant and Ms Crosswell had been arguing via the telephone about their relationship and at approximately 9:20pm that night Ms Ransley drove herself and Ms Crosswell from Maydena towards New Norfolk. The complainants drove through Westerway on the Gordon River Road and as they entered the Karanja Straight they were intercepted by the defendant who accelerated his white Nissan Patrol, and pulled out directly in front of their vehicle.
The defendant exited his vehicle holding a 12 gauge double barrelled side by side shot gun which he briefly pointed at the bumper bar of Ms Ransley’s vehicle before raising the gun directly into the air and fired a shot into the air.
Ms Crosswell exited Ms Ransley’s vehicle and had a struggle with the defendant in an attempt to remove the firearm from him. The defendant pushed her and threw the firearm into the passenger seat of the vehicle.
Ms Crosswell subsequently left Ms Ransley and rang the defendant a number of times and asked him to pick her up. The defendant eventually agreed to do so and left his house to collect her.
On the way to collect her, he was intercepted by Tasmania Police. A long arm firearm with a wooden stock was located in an unloaded safe position in the vehicle, along with 18 Winchester 12 gauge cartridges. The firearm was not registered and had never been recorded on police systems.
Application is made pursuant to s 11(1)(a) of the Crime (Confiscation of Profits) Act 1993 that the firearm used by the defendant be forfeited to the State of Tasmania pursuant to s 16 of the Act. For the purposes of s 16(4), the Crown asserts that the value of the property is $500. I so order.
The defendant was in custody in respect of this matter between 23 September 2020 and 8 October 2020. I take that into account in sentencing.
I have seen a victim impact statement from Ms Ransley. She was scared and shaken by the events and her mental health has suffered.
The defendant is 23 years of age, he is currently employed full time as a mechanic. He has been with that employer for the last 4 years,
The defendant’s father passed away last year, shortly before this incident took place and he was significantly affected by that.
The defendant and Ms Crosswell intend on continuing their relationship.
At the time of hearing the plea in mitigation they had applied to vary the existing Family Violence Order so that they might be able to be in each other’s company. To facilitate this process, the defendant has been undertaking counselling with Relationships Australia. To date he has undertaken 3 individual sessions and 5 couple sessions with Ms Crosswell.
The defendant has no relevant prior convictions as an adult.
I am informed that since being charged, the defendant has been diagnosed as suffering from schizophrenia. Accordingly I was of the view that I would be assisted by the obtaining of a psychiatric report that examines that diagnosis and informs me as to whether there was any causal connection between any mental illness suffered by the defendant and his offending and providing me with an assessment of his prognosis and his susceptibility to any future criminal behaviour.
I have received that report from Dr Khan, psychiatrist whose opinion is as follows:
“The answer to the Court’s query as to whether “there is any causal connection between that diagnosis [of schizophrenia] and the events for which he is before the Court,” is no, there cannot be any causal connection between that diagnosis and those events, as Jeremy does not suffer from “that diagnosis.”
Considering, though, if the Court’s query where to include whether there was “any causal connection” between another medical disorder diagnosis and those events, then, in my opinion, the answer would be yes, most likely: Jeremy’s diagnosis of a Bipolar Affective Disorder variant, particularly against a co-morbid background of complex PTSD symptoms, would most probably have contributed substantially to those events. He was highly symptomatic at that time, suffering actively from a seriously depressed mood; impaired sleep; auditory hallucinations; feeling hopeless and suicidal; intensely angry at feeling ignored; and manifestly impaired decision making capacity.
With regard to the Court’s query as to “any potentiality for similar occurrences in the future given appropriate medication etc,” it is my opinion that his current medication (i.e., aripiprazole) has been highly therapeutic; is likely to remain helpful for so long as he takes it; and it will probably continue to reduce the potentiality for similar occurrences. Given that it is an active treatment, though, and not a cure, it will not be likely continue to be of as much help should he discontinue taking it.”
In all of these circumstances and given the defendant’s young age, and solid employment, his lack of relevant prior convictions as an adult, his self-initiated approach to counselling and his pleas of guilty, I am of the view that a suspended sentence of imprisonment is the appropriate sentencing outcome.
The defendant is convicted on all counts and charges to which pleas of guilty have been entered and I impose a single sentence of 12 months imprisonment, which sentence I wholly suspend on condition that the defendant commit no offence punishable by imprisonment for a period of three years.
It is noted that the defendant and Ms Crosswell are no longer in a relationship and I will also note the absence of any victim impact statement from Ms Crosswell.