STATE OF TASMANIA v SCOTT ANTHONY HOWARD 13 MARCH 2025
COMMENTS ON PASSING SENTENCE JAGO J
Mr Howard, you have pleaded guilty to one count of wounding and a related summary charge of unlawfully possess dangerous article in a public place. The crime was committed on 7 January 2024. On that date, you were camping at the Forth Recreation Ground. The complainant, Mr Smith, was also camping there. You were 54 years old at the relevant time. Mr Smith was 55.
Throughout the day, you and the complainant were both consuming alcohol and chatting. Apparently, the complainant was complaining to you about some of the behaviours of his estranged wife. Later in the afternoon, the complainant’s estranged wife attended the campground and asked to speak with the complainant. She also spoke harshly to another female camper. Because of some of the things you had been told by the complainant about his estranged wife, you reacted by saying inappropriate things to her. The complainant and his estranged wife then left the campground for a period. The complainant returned and confronted you about the way you had spoken to his estranged wife. He punched you. Tensions escalated between the two of you. Another camper, a Mr Hind, became involved. The three of you then became involved in a physical altercation where punches were thrown by all of you.
The physical fight came to an end. You said words to the effect of “I’m going to get the machete and I’m coming back to fuck you over”. You then went to your caravan, collected a machete and returned. You walked quickly towards the complainant and swung the machete once at him. It struck him in the arm, causing a wound. A further tussle ensued before other campers intervened and the machete was taken from you.
Police were called. The complainant was taken for medical treatment. You were arrested and taken to the Devonport Police Station. You admitted to police that you and the complainant had become involved in a conflict over his estranged wife. You admitted a verbal and physical altercation but did not admit use of the machete.
The complainant’s injuries were treated using butterfly bandages. Fortunately, for him, the wound healed without complication, leaving just a scar. Nevertheless, he has been left with lasting psychological impacts. He thinks about what happened all the time and is constantly wary and anxious. He suffered financially as he is self-employed and had to take time off work whilst the injury healed.
You are now 55 years of age. By way of prior convictions, you have been before the courts on four separate occasions for the offence of assault. You have also been convicted of assaulting and threatening a police officer. You have prior convictions for breaching Police Family Violence orders, including by way of threatening violence, and you have a prior conviction for unlawfully possessing a dangerous article in a public place. It certainly could not be said that you are a stranger to the use of actual or threatened violence.
You have had a difficult life. You are aboriginal. You grew up in a home in which family violence was common. Your father was an alcoholic. He perpetrated abuse upon your mother and also the children within the home. You have many memories of having to intervene when your father was directing violence towards your mother, only to have the violence turned on you. You left home when you were 16 years of age. You were homeless for a period, relying upon friends to assist you. For a number of years, you led a transient lifestyle, and I am told this is reflected in many of your prior convictions. From the age of 14 you developed a significant cannabis addiction. I am told, however, that you have ceased the illegal use of that substance and have now been placed on medicinal cannabis by a doctor. You have a strong employment history, having undertaken work in various labour-based industries.
Over the last couple of years, you have experienced a significant deterioration in both your physical and mental health, necessitating you being placed on the Disability Support Pension. You have struggled with depression for most of your life, most likely because of your traumatic upbringing, although until recently, you had never sought out professional treatment or assistance. The extent of your depression has, on occasion, led to suicidal ideation. You have now recognised the need to obtain assistance and have recently engaged with a counsellor through an aboriginal support service in respect to your mental health. In late 2024, you suffered a heart attack, and I am told you continue to experience ill effects from that event and remain on medication for ongoing pain.
You apparently now recognise that your conduct was very foolish and dangerous. I accept your plea of guilty, entered at an early stage, is reflective of remorse and an acceptance of responsibility.
Obviously, you are to be sentenced for a crime which involved serious violence. In a state of anger, you used a dangerous weapon. It is fortunate the wound Mr Smith sustained was not far worse. I accept that, initially, you reacted to aggression being shown by him, but the physical altercation between you and he had clearly come to an end before you went to the caravan and retrieved the machete. There was no need at all for you to escalate the violence in the manner in which you did. The use of a weapon to resolve grievances must be condemned, and those responsible for behaving in that manner must be punished so that you, and others who may be tempted to act similarly, will understand the likely consequences and perhaps reflect on the foolishness of the conduct.
There must be a period of imprisonment imposed to mark the seriousness of your conduct, but given you have recently recognised the need to address your mental health difficulties and are engaging in counselling, I have determined it is appropriate to suspend the period of imprisonment I impose in the hope that it will allow you to demonstrate a capacity to be a responsible, productive and law abiding member of our community.
Mr Howard, you are convicted of all matters. I make no further order in respect to the summary charge. You are sentenced to imprisonment for a period of 12 months, the execution of which is wholly suspended for a period of 18 months from today. It is a condition of that order that while it is in force, you do not commit any offence punishable by imprisonment. If you breach that condition, then a court must order that you serve the term of imprisonment unless it is unjust.