STATE OF TASMANIA v COOPER MATTHEW WHELAN 28 SEPTEMBER 2026
COMMENTS ON PASSING SENTENCE WOOD
The defendant, Cooper Matthew Whelan, has pleaded guilty to one count of aggravated burglary. The aggravating element of the burglary is that he entered premises with intent to commit the crime of assault therein.
In the early afternoon of 27 February 2025, co-offender, Scott Mikulski, sent the defendant a text message which invited the defendant to join him and others to “sort out” a person by the name of Brad Palmer who owed him money. Mr Mikulski stated in this same message, “Hes been a smart cunt so im just going to wreak him now. If you free come along bro…”.
The defendant replied that he was available and arrangements were made for him to be picked up later that day.
At 8:24 pm, the defendant, his co-offender and a third male went to the residence of Bradley Palmer in Bridgewater and knocked on the front door. The complainant’s father opened the door and one of the men asked if the complainant was home. His father said he was not home, and the defendant and his co-offender pushed past him and went directly to the complainant’s bedroom.
The complainant’s bedroom door was locked and after banging on his door, one of the two kicked it open. There was then an uninvited physical altercation but no suggestion by the State that the defendant is criminally responsible for any of the violence that ensued.
On 3 March 2025, the defendant presented himself to police and participated in an electronically recorded interview in which he was not honest about his involvement and the purpose of going to the house.
There is no victim impact statement provided by Mr Palmer or his father. However, there can be no doubt that it was a terrifying experience for the occupants to have two men aggressively barge their way into their home acting with an intention to inflict violence. Aggravated burglary of this kind is a serious crime. Everyone is entitled to feel safe in their own home.
The defendant is aged 27 years. The defendant has a very concerning history of violence commencing in 2018 when he was convicted of assault a police officer. He has a conviction for assault contrary to the Criminal Code committed in October 2019. He committed 15 offences of common assault in a period of three months from August to October of that same year involving male and female victims. In relation to the indictable crime of assault, he was sentenced in May 2020 to 12 months imprisonment wholly suspended for two years. Subsequently, he committed offences of destroy property and two offences of common assault on one date in January 2022 and was sentenced to 18 months imprisonment. In August 2022, he was sentenced to 12 months imprisonment for three counts of Criminal Code assault committed when he was a prisoner upon another inmate. Then in July 2024, he committed a further indictable assault for which he was sentenced to 12 months‘ imprisonment backdated to 3 March 2025. In May 2025, he was sentenced to a cumulative term of six months imprisonment for common assault.
The defendant is due to be released on 3 January 2027. His time in prison is proving to be particularly difficult due to regular ‘lockdowns’ arising from staff shortages. Some of the periods when he is confined to his cell are for up to a week at a time.
He has a history of mental health issues and extensive engagement with Statewide Mental Health Services since 2017. He has been diagnosed with Bipolar Affective Disorder, Psychosis, Cluster B traits, anti-social personality disorder and poly substance drug abuse.
I have information regarding the nature of the violence committed in 2019. He was receiving treatment for his condition throughout this period and many of his offences involved unprovoked violence committed as a psychiatric patient. He was using illicit drugs during this period and his drug use was a significant factor in his offending. It led to drug-induced psychosis and hospital admissions and adversely affected his mental health, and this deterioration was a factor in his offending.
The defendant had first developed a drug problem as a teenager. He spent time associating with troubled youths and was introduced to cannabis and methamphetamine. After completing year 11, he left Tasmania and lived in Queensland where he worked as a painter and decorator and also, found seasonal work on farms. He returned to Tasmania when he was 19 and began associating with the same negative peer group and resumed drug use.
When engaged in illicit drug use, he has been a danger to the community. He has had periods of time though when he has successfully abstained from drug use. He has not been using illicit substances for at least the last 15 months, and he is determined to remain abstinent on his release. Intervention and support are necessary to help him maintain abstinence and he is willing to accept that assistance. He realises that he needs professional help and, in fact, has asked Community Corrections if he could be referred to the appropriate service.
The defendant is in a stable and supportive relationship and before he was remanded in custody was living with his partner and her child as a family unit. He has employment he can return to, having demonstrated a strong work ethic and his employer has stated he will reemploy him on his release from prison.
He has pleaded guilty to this crime, accepts responsibility and is remorseful for his offending.
He is motivated to keep out of prison and live a constructive and responsible life with his family.
During his incarceration he has been engaging with the Prison Fellowship and with Men’s Resources Tasmania, providing him with mentoring and improving his communication skills. Men’s Resources Tasmania conduct a program, “Building Pathways – Transition to Community”. In a written report provided to Community Corrections, it is said that in coaching sessions conducted with the defendant he displayed a positive attitude and has established goals in order to turn his life around. The support provided to the defendant through this program will continue for 12 months after his release from prison.
The defendant is still a relatively young man, and it is appropriate to give weight to his rehabilitation which is clearly in society’s interests. His rehabilitation will only be successful, though, if his aggression and drug use are addressed.
General and specific deterrence are important goals. There is the prospect that the lengthy time he has been imprisoned is having a deterrent effect.
Cooper Matthew Whelan, I have already explained the seriousness of this crime of aggravated burglary with intent to commit an assault, violence which you readily agreed to participate in when asked. The sentence of imprisonment must be lengthy, but I am going to take the course of suspending it on strict conditions. If you breach the conditions, I will not hesitate to activate the sentence.
You are convicted of aggravated burglary and sentenced to 12 months’ imprisonment which is wholly suspended on strict conditions for two years. These conditions are that:
- you commit no offence punishable by imprisonment for a period of two years from release;
- you must submit to the supervision of a probation officer, for that same period of two years, as required by the probation officer;
- you must report by 3:30 pm within one working day of your release from prison to a probation officer at Community Corrections, 75 Liverpool Street, Hobart;
- you must report to a probation officer as required by that officer;
- you must comply with the reasonable and lawful directions given by a probation officer;
- you must not leave or remain outside Tasmania without the permission of a probation officer;
- you must give notification to a probation officer of any change of your address or employment before or within two working days after, the change;
- you must undergo assessment and treatment for drug dependency as directed by a probation officer;
- you must submit to testing for drug use as directed by a probation officer;
- you must submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer;
- you must, as directed by your probation officer, continue to participate in and engage with the Building Pathways – Transition to Community program provided by Men’s Resource Tasmania; and,
- you must engage in and complete any anger management programs or the EQUIPS Aggression Program as directed by a probation officer.