STATE OF TASMANIA v NATHAN BRIAN SPROULE 20 AUGUST 2025
COMMENTS ON PASSING SENTENCE BRETT J
Mr Sproule, you have pleaded guilty to one count of assault, together with ten counts of breaching a family violence order. You have also pleaded guilty to four counts of breach of bail, each based on your failure to comply with the family violence order.
The assault was committed against your former partner, and the breaches were of an order which had been put in place for her protection. You and she had been in a relationship for approximately four years. You have no children together, and you maintained separate residences. There were no problems with your relationship for the first two and a half years but difficulties developed thereafter. You claim that this was largely due to the impact of developing problems associated with your partner’s mental health.
The family violence order was made on 21 June 2023. It contained conditions which prevented you from contacting the complainant or being in her presence or at her house. It seems that both of you were in the habit of ignoring these conditions and you spent time together consensually on a number of occasions.
The assault was committed on 9 November 2023. You had spent the evening together which was in breach of the order but with mutual consent. In the early hours of the morning, while you were in bed together, the complainant told you, without explanation, that she no longer wanted you at the residence and wanted you to leave. You complied with this, but an argument developed at the front door as you were leaving. The complainant had possession of your computer bag, which contained some essential and valuable work equipment, and would not let you take it. During the course of the argument, she picked up a cricket bat, presumably to use as a weapon against you. You took the bat off her and struck her with it on the arm, in an attempt to have her release the bag. The blow must have been delivered with considerable force because it caused a fracture of her arm. You left after this but stayed in contact with the complainant. She did not have a drivers licence and was having difficulty arranging for an appointment at the hospital so her arm could be examined. Many of the breaches relate to contact between you in relation to this question. Eventually, you collected her and took her to hospital. The fracture was diagnosed, and she required surgery. She was admitted to hospital overnight.
The prosecution facts assert that the prognosis in respect of the fracture was good and it was expected to heal without complication. Her impact statement says that she still gets some twinges in her arm and neck which she believes are from this injury. She does not assert any other ongoing impact other than regret with respect to the incident generally.
You are 53 years of age. Your criminal history is lengthy but until 2020 was exclusively constituted by traffic offences, including drink driving. Since 2020, you have been convicted of some summary drug offences, and in August 2023 you pleaded guilty to a breach of an interim family violence order and two breaches of bail. The family violence order related to this complainant. You have a good work history. You have two adult children and three grandchildren. You live by yourself but spend considerable time with your son and grandchildren.
Your counsel submits that you have suffered an immediate punitive impact as a result of this offending. You were held in custody for 22 days before being released on bail. The bail conditions have been strict, including a curfew condition which has significantly impacted your ability to carry on your business as an IT consultant and engage in your pursuit of your musical interests. This has also had financial impact on you.
The assault, in particular, requires significant punishment. Your use of a weapon, the force you used to strike the complainant, the fact that it was committed in the context of family violence and while you were in breach of a family violence order and the injury suffered by the complainant are all matters aggravating the objective seriousness of that crime. I think some mitigation is available from the fact that you were trying to leave the house and disarmed the complainant because she was attacking you with the cricket bat. However, there is no excuse for what you did next, that is striking her a forceful blow with the bat. This was an act of serious family violence. A sentence of imprisonment is called for. However, I accept that time spent by you on remand has brought home to you the serious nature of this type of offending. I accept that you are remorseful and take into account your plea of guilty in that regard. I note also that the presentence report indicates that you would benefit from supervision including participation in programs directed at family violence offenders. I think that the sentencing objectives which are applicable in this case can be met by a wholly suspended sentence of imprisonment, with conditions which will include supervision.
Accordingly, the orders I make are as follows:
- You are convicted of the crime and the offences to which you have pleaded guilty;
- You are sentenced to a global term of 12 months imprisonment, the whole of which will be suspended for a period of 18 months on the following conditions:
- i that you are not to commit another offence punishable by imprisonment during that period.
- ii that you will be subject to the supervision of a probation officer. You must comply with this condition for a period of 18 months. That period will commence from today. The Court notes that the conditions referred to in s 24(5B) of the Sentencing Act apply to this condition. These include that you must report to a probation officer in Hobart within three clear days of today. In addition to the core conditions the order shall also include the following special conditions:
You must, during the operational period of the order,
- i attend educational and other programs as directed by the Court or a probation officer;
- ii submit to the supervision of a probation officer as required by the probation officer;
- iii submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer;
- iv if assessed as suitable, attend, participate in and complete a family violence rehabilitation program as directed by a probation officer.
- Pursuant to s 13A of the Family Violence Act, I direct that the crime of assault and the ten counts of breaching a family violence order be recorded on your criminal record as family violence offences.