STATE OF TASMANIA v RJAG WOOD J
COMMENTS ON PASSING SENTENCE 22 SEPTEMBER 2023
RJAG, you have pleaded guilty to attempted motor vehicle stealing, attempted aggravated carjacking, attempted armed robbery, armed robbery, and stealing committed within a period of less than 24 hours on 1 July 2022.
At approximately 1:00 am, the defendant gained entry to a locked Toyota Prado that was in a driveway at an address in Richmond. The defendant removed plastic from around the steering wheel column, exposing the ignition wires and attempted to start the motor vehicle, without success. He was disturbed by the owner and fled from the scene.
At around 1:15 pm, Hei Man Ning was in his car eating his lunch, near a pharmacy in Dodges Ferry. He had the keys in the ignition so he could wind his window down. The defendant approached the driver’s side window wearing a hooded jumper with a hood pulled over his head and dark sunglasses. He partially opened the driver’s side door and told the complainant to step out of the car.
When the complainant queried what he wanted, the defendant repeated, “Step out”. The complainant remained in his car, not knowing what to do. The defendant produced a knife with a blade about 5 cm in length. The defendant held the knife and said, “Come out” in a threatening manner and told the complainant to, “Hurry up”.
The complainant got out of the car. The defendant got in and started the engine. He tried to release the hand brake but was unable to. The complainant took the opportunity to open the door and tried to take the keys from the ignition, but the defendant pushed him away from the car.
The defendant then got out of the car and pushed the complainant. They started wrestling and ended up against a fence near the back of the car. The defendant pushed the complainant and climbed over the fence.
The complainant, Mr Ning, called the police and they attended, but the defendant could not be found.
At about 4:15 pm the same afternoon, the defendant entered the Woolworths supermarket in Hobart city. He approached Salpha Dut, an employee who was working at the checkout, and produced a Stanley knife with the blade out. The defendant was on the same side of the cash register as Mr Dut. With his hand under the complainant’s ribs, the defendant demanded that he give him, “All the money”. The defendant appeared nervous. The complainant called out to security who ran over, and the defendant ran away.
At about 5:10 pm the same afternoon, Mrs Pui Chan was working at a Touch of Asia restaurant in Sandy Bay clearing tables, and had her back to the door. She noticed the defendant who pulled out a Stanley knife. The complainant walked toward the counter to reach the cash register but he got there before she was able to. As he approached the cash register and walked past her, he held the knife towards her. The blade was pointed towards her at eye level, approximately 1cm away. Thinking he was going to use the knife, the complainant stood against the wall and said nothing to him.
The defendant used the key in the cash register to open the cash drawer. He continued to point the knife in Mrs Chan’s direction while taking money from the register. The defendant took all that was in the till, an amount of approximately $200, and left the restaurant. The complainant’s husband came out into the restaurant and gave chase but lost sight of the defendant.
The police were called and the complainant provided them with CCTV footage.
At around 5:30 pm the same day, the defendant stole a bicycle from outside an address at Marieville Esplanade in Sandy Bay. It was discovered missing and Ms Marsh drove around Sandy Bay looking for her son’s bike. She saw the defendant riding the bike up King Street and through a playground. She yelled out to him and he got off the bike and walked away. Ms Marsh contacted police.
Later that evening, the defendant presented to the Royal Hobart Hospital mentally unwell and was admitted for treatment at approximately 8:30 pm. He was discharged on 4 July 2022.
He was arrested later that day, and participated in a police interview. He admitted committing the offences. He said he tried to take someone’s car so that he could drive it into a tree and kill himself. He pleaded guilty at a relatively early stage and his counsel. He had informed the State that it would resolve, and it was not prepared for trial.
I have victim impact statements from Mr Ning, Mr Dut and Mrs Chan. They have each been subjected to a terrifying experience. The victim of the attempted carjacking, Mr Ning, has been emotionally and psychologically affected by the incident to the extent that it is taking a toll on his daily life. He is fearful of another attack, and has been left feeling vulnerable and anxious. As an intern pharmacist, his work and studies have been affected and he is questioning his career path in healthcare because of fears about his safety.
In Mr Dut’s case, he had worked for Woolworths for 19 years until this incident. He has been significantly affected emotionally and financially. He had three months without any income support and he and his family are now living in emergency accommodation.
Mrs Chan describes the terror she felt when she saw the knife. She and her husband have struggled emotionally and they would have benefited from mental health support and counselling but have been unable to afford it. They needed the money that was stolen from them to support their family. I note, in the defendant’s favour, that he is prepared to repay the money that he stole from Mrs Chan and, indeed, wishes to do so. I have no doubt that that will be of assistance to their family.
The defendant was aged 16 at the time and is now 18 years of age. He has no prior convictions.
The defendant was, mentally, very unwell at the time. As mentioned by him in his police interview, his purpose in the attempted carjacking was to drive a car and deliberately end his life. Fortunately, Mr Ning’s determined resistance prevented that from happening. The defendant was in an acute state of distress and, before committing these crimes had attempted suicide. He was intoxicated at the time and, after consuming more alcohol, he committed the further crimes. After abandoning the bicycle he stole, he walked to the Royal Hobart Hospital, presented to the Emergency Department, and was admitted. I note he had presented to the Emergency Department of the hospital three times in the fortnight before 1 July 2022.
The defendant has a background of childhood trauma detailed in the pre-sentence report, alcohol use, and mental health issues. His circumstances at the time of offending were very unstable and he was living a transient existence between the homes of his father, grandfather, and the homes of his friends. He has a problem with alcohol and it was a factor in his offending on this occasion.
His present circumstances however are stable, and he is living in a supportive environment with his girlfriend and her family. His general practitioner is treating his anxiety and depression, and soon he has a mental health assessment appointment with psychiatrist, Dr Teresa Flowers and counselling for trauma arranged as outlined in the Youth Justice Report. He will need to engage with alcohol and drug counselling once he has support in place for his mental health. I consider that assistance with vocational training and employment would be beneficial, as well, and Youth Justice recommends that, too.
The sentence I impose must do a number of things. First of all, it must reflect and mark the seriousness of the defendant’s actions and the ongoing consequences for the victims in light of the terrifying ordeal that they were each subject to. It should also reflect that this behaviour was out of character and arose from a crisis in terms of his mental health. The sentence should also reflect that the defendant, in my view, has excellent prospects of rehabilitation and, on the one hand, it should encourage and promote that reform but on the other, it should provide consequences if he does not take up the opportunities that are to be given to him today.
I will sentence the defendant under the Youth Justice Act and impose a probation order without a conviction for a period of two years from today. This is a probation order and it is absolutely essential to this order that you be of good behaviour and commit no offences that could attract a term of imprisonment. It will be in place for two years and it will run from today. I impose the core conditions under s 65(1) of the Youth Justice Act which will apply for that probation period:
- You must not commit another offence which, if committed by an adult, could be punishable by imprisonment during the period of probation of two years from today.
- You must report to an assigned youth justice worker as required by the youth justice worker.
- You must receive visits from the assigned youth justice worker as required by the youth justice worker.
- You must not leave the State without the written permission of the Secretary.
- You must notify the assigned youth justice worker of any change during the period of probation of residence, employment or school, or other educational or training establishment, before, or within a reasonable period after, the change.
- You must obey the reasonable and lawful instructions of the assigned youth justice worker.
I impose the following special conditions:
- You must attend educational, personal, health, and other programs as directed by your assigned youth justice worker.
- You must undergo medical, psychiatric, and psychological assessment and treatment as directed by your assigned youth justice worker.
- You must undergo alcohol and drug counselling, assessment, treatment and programs as directed by your assigned youth justice worker.
Finally, I am going to make this further order, which is quite unusual, but it is to reflect the fact that, to your credit you are wanting to repay that amount of $200 to Mrs Chan:
- It is noted that the defendant wishes to repay the amount of $200 within a 2-year period. In which case, he is to communicate that to his youth justice worker in order for the youth justice worker to facilitate that payment to Victim Support Service, Department of Justice, to pass it on to Mrs Chan.