STATE OF TASMANIA v CHRISTOPHER RILEY 2 SEPTEMBER 2019
COMMENTS ON PASSING SENTENCE BRETT J
Mr Riley, you have pleaded guilty to one count of aggravated burglary together with a number of summary offences, in particular two counts of common assault, two counts of breaching a police family violence order and two counts of breach of bail conditions.
You committed all of the offences on 29 January 2019. They were committed during the course of a single episode of family violence on that day. The background was that you had separated from your partner a short time before this event. You and your partner have one child who was then aged 3. You were sharing her care. There had been previous family violence incidents between you and, at the time of this incident, you were subject to both a police family violence order and bail conditions preventing you from approaching your former partner or the other male complainant, who was then in a relationship with your former partner, or entering your former partner’s house.
The episode commenced when you entered that house without permission with the intention of assaulting your former partner’s new partner. You found him in the house and attacked him by punching him to the head. It would seem that at least one of the punches connected with his face. When your former partner tried to intervene, you pushed her away, grabbed her by the throat and pushed her onto a bed. After these initial assaults, you remained in the house in order to continue your attack on the male. This attack included several further punches to the head. You only left the house when you were stabbed in the arm by your former partner as a defensive measure. All of this occurred in breach of the conditions of the police family violence order and bail orders.
An aggravating feature of your conduct is that your child was present in the house during the entire episode. In fact, at one point, your former partner barricaded herself inside the bedroom which was also occupied by the child. The child was directly exposed to the violence because of what took place outside and inside her room, and the noise which must have been associated with your violence.
In relation to the adults, it is not alleged that either suffered any significant physical injury, and neither has provided a victim impact statement.
You are 22 years of age. At the time of commission of these offences, you were on bail for other charges relating to events which are alleged to have taken place a week or two before this. However, you did not actually have any prior convictions of significance at the time you committed these offences. Your criminal record consisted only of some relatively minor traffic infringements. Your explanation for this conduct is that you had hopes of reconciliation with your partner, and had become distressed as a result of her ongoing relationship with the other man. I was told by your counsel that since these events, you have come to terms with the situation. There is no suggestion there has been a repetition of this conduct. I was also told that you now enjoy a good relationship with your former partner and you and she still share the care of your child, although I do note some of the matters raised in the pre-sentence report about the state of that relationship. In any event, you have expressed remorse for your conduct and have demonstrated this by an early plea of guilty and by taking steps to engage in personal counselling. Your counsel submits that your conduct was an aberration and that you are otherwise a person of good character. In the circumstances, I am prepared to accept that submission.
Family violence of any nature is a matter of great concern. It is of particular concern when children are exposed to that violence. Your actions caused considerable fear to both complainants and probably to the child. The sentence must denounce such conduct.
However, as the conduct was out of character, and having regard to your expressions and demonstration of remorse and your age, it is appropriate to emphasise rehabilitation in this sentence. I note that the presentence report has recommended a period of community based supervision. I intend to accept and make orders consistent with that recommendation.
Accordingly, the orders I make are as follows:
1 I convict you of the crime and the offences to which you have pleaded guilty and I make a community correction order. You must comply with the order for a period of 12 months, and that period shall commence today. The core conditions of the order require you to report to a probation officer, and you shall do so at the office of Community Corrections in Devonport within three clear days of today. In addition to the core conditions, the order shall also include the following special conditions:
(a) you must, during the operational period of the order, attend educational and other programs as directed by the Court or a probation officer;
(b) you must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer;
(c) you must, during the operational period of the order, submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer.
2 Pursuant to s 13A of the Family Violence Act, I direct that counts 2, 3, 4, 5 and 7 of complaint 50379/19 be recorded on your criminal record as a family violence offence.