STATE OF TASMANIA v SUNNY WALKER 5 JUNE 2023
COMMENTS ON PASSING SENTENCE JAGO J
Ms Walker, you have pleaded guilty to one count of assault and an associated summary offence of unlawfully possessing a dangerous article in a public place contrary to s 15C(1) Police Offences Act.
On 19 March 2022 you went to your father’s residence, uninvited. Your father was outside gardening. Because of prior issues that had occurred between you and he, you were not welcome to enter the house when you visited his property. He offered you a drink. He went inside to obtain the drink, but instead of waiting outside as expected, you followed him into the house. Your father told you, you were not welcome to be inside. You stepped towards him with a large, black, kitchen knife, which you had taken to the residence with you. You pushed the knife into your father’s stomach, cutting him slightly. A tussle ensued in which your father attempted to remove the knife from you. During this time he was most fearful. He was screaming out for help and said he could feel the knife brushing his shirt and believed it was cutting him more.
At one point during the tussle, your father asked you “Why are you doing this?” and you replied “This is for what you did to Liam.” This was a reference to your brother who had taken his own life in 2015. The family dynamics were such that you blamed your father for your brother’s passing. Eventually, this incident came to an end. Your father told you to leave and said that he was going to call the police. You left the property.
As it turned out, the cut to your father’s stomach was very superficial, hence you are only charged with the crime of assault and not wounding. The State accept they cannot establish the laceration bled freely. Your father also sustained a small superficial cut to the third finger of his right hand, and another small cut to his left hand. Paramedics attended. They dressed his cuts but no further medical attention was required.
Police located you outside of the property. You had in your backpack another knife. This is the subject matter of the unlawfully possess dangerous article charge. The knife you had used upon your father had been left by you in the kitchen sink.
You were interviewed by police. You made full admissions. You told the police you had been to your father’s residence because you “wanted to set things straight”. You agreed you were not welcome inside his residence. You agreed you followed him in there and pulled a knife out intending to hurt him because you were “tired and you hated him”.
Sadly, the family dynamics between you and your father are complicated. It seems your relationship with him broke down irretrievably following your mother’s death from cancer in 2014, and then your brother’s passing in 2015. The situation is further complicated by the fact you suffer from complex mental health conditions. In the past you have been diagnosed with both schizophrenia and bi-polar disorder. Your most recent diagnosis is schizoaffective disorder, which was diagnosed in 2022.
Tendered on the sentencing hearing was a psychological report prepared by Dr Georgina O’Donnell. In the report Dr O’Donnell opined:
“Ms Walker has an extensive documented history of psychotic and mood episodes, including the following symptoms:-
paranoid ideation, anxiety, responding to hallucinations, delusional beliefs causing fear, incongruent effect, social withdrawal, thought disorder, irritability and agitation, manic and depressive mood episodes.
Additionally, Ms Walker has a documented history of trauma that has significantly impacted on her mental health. The trauma has included alleged childhood abuse by her father, the death of her mother due to lung cancer, and the suicide of her brother….
Medical notes document previous incidents during which Ms Walker has engaged in aggressive or threatening behaviours towards others when she is experiencing mental health instability.
Ms Walker advised that she continues to harbour resentment towards her father for the abuse he perpetrated upon her in her childhood, and for his reportedly uncaring response to the suicide of her younger brother.”
In the report, Dr O’Donnell also opines as to the applicability of any of the considerations outlined in R v Verdins (2007) 16 VR 269. In particular, she notes:
“In my opinion there is a direct causal link between Ms Walker’s major mental illness and the alleged offending behaviour. It is evident from her medical records that when she is experiencing the early signs of relapse, she has a history of exhibiting irritable and agitated behaviour and her underlying grievances become more prominent….. by definition schizoaffective disorder results in fluctuations in mood and behaviour that can become more prominent with situational stressors. It is my opinion that Ms Walker’s alleged offending behaviour occurred in the context of the grievances towards her father and her deteriorating mood state impairing her ability to exercise appropriate judgment and make calm and rational choices”.
There is no reason for me not to accept the opinion of Dr O’Donnell. It is not challenged by the State. It is also consistent with your history of prior offending, which although limited involves incidents where you have reacted aggressively in difficult situations. In January 2008, you pleaded guilty to offences of destroy property, assault a police officer and common assault, in March 2011 you pleaded guilty to a charge of disorderly conduct, and in November 2019 you pleaded guilty to a charge of common assault. The sentences imposed in respect to each of these matters are consistent with the offences occurring in the context of your mental health difficulties.
The report of Dr O’Donnell indicates that whilst there have been some difficulties in the past with you being prepared to accept support with your mental health, supports are currently available to you and you are currently engaged with a case manager and engaged with service providers within the community.
There is no doubt your offending behaviour was very serious. The use of a weapon is an aggravating circumstance and whilst, of course, you are not to be sentenced on the basis that you committed an act of wounding, the presence of the knife makes it objectively more likely that serious harm might be occasioned. That being said, I accept the mental health conditions from which you suffer diminishes your moral culpability and therefor the role both general deterrence and denunciation play in the sentencing exercise should be moderated.
I take into account the effect your crime had upon your father. I have read his victim impact statement. He obviously found it a most traumatic experience, and psychologically he continues to struggle with his memories of it.
Taking into account all of the circumstances, I am satisfied a period of imprisonment is warranted to mark the seriousness of your criminal conduct, but given my satisfaction as to the role your mental health played in your offending, it is appropriate that the period of imprisonment be wholly suspended.
Sunny Walker, you are convicted of both matters to which you have pleaded guilty. In respect to the offence of unlawfully possess a dangerous article I make no further order. On the crime of assault, you are sentenced to a term of imprisonment of five months. The whole of that sentence will be suspended for a period of 18 months on condition that you are not to commit any offence punishable by imprisonment during that time. I need to explain to you Ms Walker, that if you do, in fact, commit any offence punishable by imprisonment, and I emphasise the word “any”, during the period, you can be brought back to this Court and an application made that you serve the period of imprisonment. The law is that a judge must activate the sentence unless it is unjust to do so. I therefore strongly encourage you to remain compliant with your mental health regime so as to give yourself the best chance of compliance going forwards.