STATE OF TASMANIA v JACK DEAN GRANT 22 MARCH 2021
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant Jack Dean Grant, aged 25 at the time of the offence, has pleaded guilty to a charge of assault.
On 23 September 2020 the complainant was working as a taxi driver and was parked on a rank in Liverpool Street.
The defendant, and three other men, entered the taxi and asked to be taken to BWS in Rosny.
Ultimately, when the taxi stopped its tour, Mr Pearson was the only occupant.
The defendant, who was seated in the rear left passenger seat, pulled out a large steak knife. He moved towards the complainant and held the knife to his neck saying that he was going to “chop his head off” and demanding that he give him all his money and that he wasn’t going to be getting him another cab.
The complainant called the taxi call centre and requested another cab, but did not alert them to what was happening. The complainant subsequently called the taxi call centre call centre and asked them to call police.
The defendant got out of the taxi, which was still running, and threw the knife into nearby bushes. He got into the driver’s seat of the taxi and started to rev the engine. He got out of the taxi and walked towards the complainant who was walking away from him.
Police then arrived and the defendant was cautioned. He told police officers that he did pull the knife out while he was in the taxi, but that he did not threaten the complainant and that he was just “mucking around“.
It is accepted by the State that the defendant did not form an intention to permanently deprive the complainant of any property.
I have read a victim impact statement from the complainant. He was still scared for a few weeks after he was assaulted. He was worried that the defendant might come back to get him again. He stopped driving taxis completely because he did not feel safe anymore. He now does other types of driving jobs, but he only make just enough money to get by. He is not as frightened now as he was, but unsurprisingly this has been an emotional trauma for him.
The defendant has remained in custody since 23 September 2020.
An application has made by the Crown pursuant to s 27(4) of the Sentencing Act 1997 to breach the suspended sentences imposed in the Hobart Magistrates Court on 10 September 2020.
The defendant is single with no dependents. He has been homeless for the last 3 years. He has had minimal work experience as a labourer.
Conflict with his mother’s partner culminated in him leaving the family home at age 14. Thereafter he became involved with the Youth Justice court and spent his teen years couch-surfing and living at Youthcare shelters.
He began abusing alcohol and cannabis, amphetamines and hallucinogens and spending his time with much older people involved in drug use and offending. He has been homeless for the last five years.
In recent years he ceased using illicit drugs regularly, but became increasingly reliant on alcohol. After the end of his only relationship, his alcohol use increased to the extent that he would drink about 4 litres of wine every day. This had been the case for approximately a year leading up the offence.
The defendant recognises that the complainant could not determine to what extent the defendant was being serious about the threats he was making. He accepts that the victim found them very threatening and feared that the defendant might in fact assault him with the knife in some way.
The complainant was however able to leave the taxi unobstructed and the defendant did not immediately pursue him.
It is noteworthy that the defendant remained at the scene until police arrived, he was cooperative with police and made full admissions and his plea of guilty may be regarded as an early one in the circumstances.
The defendant has had the Victim Impact Statement read to him. He states that this made the gravity of his conduct and the fear of the victim very clear.
The defendant has now been in custody for some six months. He has previously only been subject to short periods of imprisonment. He has used this opportunity to cease his use of alcohol and change his habits. He now has insight about the damage his lifestyle has caused to himself and others, and he is motivated to change.
The defendant works in the prison as a wardsman. He has not had the opportunity to engage in any counselling or courses whilst in custody due to his remand status. He hopes now to be able to do so. Closer to his release, he intends on engaging with housing support in hope of securing stable housing on release.
The defendant’s offending is somewhat bizarre but nonetheless constitutes a serious assault given the consequences for the complainant. I note the defendant’s prior convictions.
As to the breach suspended sentences, it is submitted on behalf of the defendant that in relation to the four months’ imprisonment, suspended on complaint 3828/2019 and 92552/2019, it would be unjust to activate the term of imprisonment on the basis that the defendant has not committed any further offences of burglary, stealing or any like offences of dishonesty.
In relation to the three months’ imprisonment suspended on complaint 6925/2020, it is submitted that it would be unjust to activate this term of imprisonment on the basis that the defendant has not committed any further offences of driving.
In relation to the two months’ imprisonment suspended on complaint 5414/2019, no submissions are made.
The defendant is convicted of assault and sentenced to 12 months’ imprisonment to be served cumulatively to the activated suspended sentence, which I now invoke on complaint 5414/2019. On the other suspended sentences I make no order.
In respect of the two months activated sentence of imprisonment, I specify a non-parole period of one month.
In respect of the 12 months sentence, I specify a non-parole period of half of that sentence.