STATE OF TASMANIA v MARK WILLIAM RANSLEY 12 FEBRUARY 2021
COMMENTS ON PASSING SENTENCE WOOD J
Mark William Ransley has pleaded guilty to one count of assault. On 11 November 2018 he unlawfully assaulted a woman who was his partner at the time. He was 26 years of age and she was 19. They had been in a relationship together for approximately four years and have a child born in April 2017. They lived together at Primrose Sands.
On 10 November 2018, the couple argued about a message on the defendant’s Snapchat account. The complainant suspected he was having a relationship with another woman.
The following morning at about 10 am, the couple argued again. The complainant questioned the defendant about another woman he was communicating with on Snapchat and he replied “it has nothing to do with you, you slut”.
The defendant grabbed the complainant by her upper arm and pushed her from the main bedroom into the spare bedroom onto a child’s bed. The complainant curled up into a ball to protect herself and the defendant punched the wall above her head. As he punched the wall he said to her, “you’re lucky it’s not your head.” He then grabbed the back of her hair and pulled her backwards onto the bed. He placed one or two hands around her throat and squeezed. This was done forcefully and restricted the complainant’s breathing, causing her to gasp for air. This occurred for at least a few seconds. She felt light-headed and dizzy. After a few seconds he let go of her. At some point he threatened her saying words to the effect of “I could kill you down here and nobody would ever find you.”
A short time later the complainant’s mobile phone began to ring. She attempted to pick the phone up, but the defendant took the phone out of her hands and threw it out of the bedroom. The complainant left the room on a pretence, collected her phone, and ran to her vehicle locking herself inside. She rang her sister and her sister contacted the police. The police arrived to find her still in the vehicle and the defendant outside.
The defendant was interviewed. He denied assaulting the complainant. He suggested that she had threatened self-harm and he had grabbed her to prevent her from harming herself. These factual assertions are untrue.
The defendant was served with a police family violence order and I note that the relationship between the defendant and the complainant is now at an end.
As a result of the defendant’s violence the complainant sustained bruising to her right upper arm, and soreness and red marks to the back of her neck. She did not seek any medical treatment. She was significantly traumatised by the defendant’s violence. She suffered nightmares and has difficulty sleeping.
The defendant has prior convictions, but no family violence offences or past offending involving this complainant. He has a conviction for maintaining sexual relations with a person under 17 years of age committed in 2013. He was sentenced to a term of six months’ imprisonment wholly suspended on condition he commit no offence punishable by imprisonment for two years, and on condition he comply with probation and perform community service.
The defendant has pleaded guilty which has spared the complainant the ordeal of giving evidence. It is not an early plea of guilty. It was entered once the charge was reviewed and the present charge was presented; in fact the original charge was reinstated.
In his early childhood he suffered the traumatic death of two siblings which had a catastrophic effect on his family. He was raised in a deeply religious family. He is a carpenter and has a good industrial record. He is purchasing a property and a block of land. He has two young children and has regular contact with them and provides financial support for their care and upbringing. He also provides support to his parents who both suffer from chronic medical conditions.
His relationship with the complainant was difficult and is described as an on and off again relationship. Their relationship was deteriorating at the time of the assault. The plea in mitigation highlighted that following the police family violence order, there have been no assertions of him breaching the order in any respect. The order has expired and no further order is sought.
This is a serious assault upon a vulnerable complainant who was entitled to feel safe in a relationship. Strangulation is an inherently dangerous act. It may give rise to internal injuries, it may affect long term health or may lead to death. There are possible long term physical effects leaving the victim susceptible to ongoing symptoms. Moreover, the act of limiting someone’s capacity to breathe, even for a short period of time, instils terror in the victim and this emotional impact is in itself a very serious matter. It is also well known that strangulation can have profound psychological long-term effects on its victims. Here, the complainant was traumatised by the violence she was subjected to and also the threats. The defendant is well aware of the gravity of his situation and that this is the kind of conduct that warrants a term of imprisonment.
The defendant is willing to engage in any rehabilitation that is suggested. He wants to move on with his life and focus on his children, home life and his employment. I consider that he has sound prospects of rehabilitation.
I have a report from Community Corrections which indicates that the defendant is suitable for the imposition of a community service order. He is recommended for supervision. He is assessed as at low risk of future family violence and therefore is not eligible for a family violence program.
I record a conviction. I impose 16 months’ imprisonment wholly suspended for an operational period of two years. It is suspended on the following conditions: you must not commit any offences that could attract a term of imprisonment for that period of two years and you must comply with all of the core conditions of a community correction order which will be specified in the written order that you will be given. These include that you must report to the Hobart Community Corrections office within 48 hours (two working days) of today by telephone or in person as required. You must report and comply with the directions of a probation officer, you must not leave Tasmania without permission and you must notify your probation officer of any change of address.
I also impose special conditions: you must during the same operational period of two years submit to the supervision of a probation officer, and you must complete 98 hours of community service. You must attend educational, vocational and other programs as directed by a probation officer and you must submit to medical, psychological or psychiatric counselling as directed by a probation officer.
I make an order that the crime of assault be recorded as a family violence offence pursuant to s 13A of the Family Violence Act 2003.