STATE OF TASMANIA v PAUL ALLAN JOHNSTON 26 MARCH 2025
COMMENTS ON PASSING SENTENCE JAGO J
Mr Johnston, you have pleaded guilty to one count of dangerous driving. I am also dealing with some related summary charges, being breach of interim family violence order, breach of bail conditions and drive whilst disqualified.
The background to this matter is that you were in a relationship with Krystle Williams. There is a child to that relationship, a daughter. As at 28 July 2023, there was an interim family violence order in place, preventing you from going within 50 metres of Ms Williams. You were also on bail at the time of this offending, with a condition that you abide by the interim family violence order.
On 28 July 2023, Ms Williams was driving in a motor vehicle with her partner, Mr Broderick, on the Bass Highway. As they approached the Heybridge roundabout, travelling east, you were travelling west in your vehicle. You had your daughter in your vehicle with you. When you saw Ms Williams, you apparently became agitated and you proceeded to perform a u-turn and began following her. You began overtaking other vehicles in order to catch up with her. You were travelling at speeds in excess of the posted speed limits. You overtook approximately five other vehicles until you were directly behind the vehicle in which Ms Williams was travelling. The speed at which you overtook other vehicles was such that a witness called police to report your manner of driving.
As Ms Williams’ vehicle continued to travel along the Bass Highway, you were, in effect, tailgating it. You were driving very close to the rear of the vehicle in which she was travelling and you began swerving side to side in an attempt to overtake that vehicle. Ms Williams, obviously concerned, called emergency services.
As you approached the Sulphur Creek roundabout, the vehicle in which Ms Williams was travelling, exited onto Preservation Drive. You drove your vehicle through the middle of a roundabout towards Ms Williams’ vehicle. You did not follow her vehicle along Preservation Drive, but instead continued along the Bass Highway.
Near Ulverstone, Ms Williams’ vehicle returned to the Bass Highway. You must have, again, observed it because you recommenced tailgating it. You were again driving very close to the rear of her vehicle, and swerving across the road. There was a signposted roadwork area near Leith on the Bass Highway. You travelled through this area 20 kilometres above the posted speed limit.
A police vehicle was positioned at the intersection of Don Road and Stoney Rise Road, adjacent to the Bass Highway. They observed your vehicle travelling at approximately 120 kilometres in a 90 zone. This police vehicle began to follow you, but such was your speed, that they lost sight of you. They accelerated in an endeavour to catch up with you. They observed your vehicle weaving through traffic, at speed, without indicating. They estimated you were driving at speeds of up to 140 kilometres per hour.
Officers in another police vehicle that was positioned at the intersection of Bass Highway and Middle Road, Devonport also observed your vehicle. They estimated it was travelling at approximately 100 kilometres an hour as it passed through a 90 kilometre zone. They also said your vehicle was travelling within five metres of the rear of Ms Williams’ vehicle.
The highway was busy at this time. Police endeavoured to catch up with you, but were unable to do so because of traffic flow. Eventually, upon exiting the Victoria Bridge, they were able to activate their emergency lights and sirens and you pulled over. You were placed under arrest.
All up, you drove dangerously for approximately 20 kilometres on a major highway, at around lunch time on a Friday, when there was considerable traffic on the road. Many members of the public were exposed to danger because of your driving. It is, of course, aggravating that you were not meant to be driving at all. You were subject to a disqualification period. It is also aggravating that this crime occurred in the context of family violence. You were not meant to be within 50 metres of Ms Williams because of the operation of the interim family violence order, yet you pursued a motor vehicle in which you knew she was travelling, in close proximity and for a considerable distance. You were obviously determined to intimidate her because even when she tried to avoid you by detouring off the highway, you persevered and again followed her in a dangerous manner when you once again came across her vehicle. There was plenty of time for you to think about what you were doing and desist, particularly in light of the fact your daughter was in the car with you.
Moreover, this crime was committed when you were subject to a suspended period of imprisonment imposed for driving offences. On 28 March 2023, you were sentenced in the Magistrates Court for offences of drive a motor vehicle whilst a prescribed illicit drug is present in your oral fluid, and an offence of emotional abuse or intimidation, committed against Ms Williams, together with offences of resist a police officer, drive while driver’s licence suspended and use unregistered and uninsured motor vehicle. You were sentenced to four weeks’ imprisonment, the execution of which was wholly suspended on condition that for a period of 12 months, you commit no offence. Of course, this crime was committed within four months of the imposition of that period of suspended imprisonment. An application is now made that I activate the period of suspended imprisonment. There is no identifiable basis, given the nexus to driving offences and family violence offences, upon which I could conclude that it would be unjust to activate the sentence. Sensibly, no submission is made to suggest that it would be unjust.
You are 48 years of age. You have a number of relevant prior convictions. In addition to the matters I have just mentioned, you have several convictions for breaching the Road Safety (Alcohol and Drugs) Act, a number of traffic infringement matters, including many for speeding. You have a prior conviction for drive whilst disqualified and you have a number of prior convictions for breaching family violence orders.
You have had a difficult upbringing. You grew up in a family home where family violence was common place. Your father left the family home when you were aged seven, and you have not had any meaningful relationship with him since then. Your mother went on to form new relationships, but they, too, were characterised by violence. Your mother did not cope well with raising children. She was often absent from the home, and the home was in a poor state. You and your siblings were neglected. This led to you being placed into care. Whilst in care, you were sexually abused. You have suffered a number of mental health challenges as a consequence of your traumatic upbringing. You experience anxiety and depression, and it has been suggested that you most likely suffer from post-traumatic stress disorder. You do not have any meaningful relationship with either of your parents. Your father, in fact, passed away in March of this year.
When your relationship with Ms Williams ended, arrangements were made for you to have the full time care of your daughter. Thereafter, Ms Williams apparently had little to do with your daughter. You found this somewhat frustrating, particularly because of the dysfunctional family upbringing you had experienced. I am told that when you observed her driving with her new partner on this day, you felt somewhat aggrieved. You had been working hard to raise your daughter in a positive way, and you considered that her mother was having little to do with her. In a moment of frustration, you decided to perform a u-turn and follow her. Thereafter, you drove in the manner I have described.
It is of note that you spent a period in custody following this incident. You were in custody from the day of the offence until 24 October 2023. That was you first experience of custody. I am told you found it a difficult one. In particular, you felt a great sense of guilt that you had let your daughter down. Not only had you driven in a dangerous manner whilst she was in the car with you, thereby putting her physical safety at risk, but your behaviour had also created a situation whereby she was left without any parental support. She lived with your sister whilst you were in custody. I am told that you have reflected on your behaviour and now feel ashamed of it.
Following your release from that period of incarceration, you relocated to Launceston. Since then, you have found stable accommodation, and your daughter has been returned to your care. You have also sought out assistance for drug and alcohol counselling. You self-referred to alcohol and drug services in Launceston and have been regularly attending at appointments. You have also engaged with a medical practitioner and are in the process of receiving a mental health care plan.
Since your release, you have also engaged with a Community Correction order, imposed by the Magistrates court, and you have completed the Family Violence Offender Intervention programme in a satisfactory manner. It is reported that you are engaging positively with case management.
I obtained a Community Correction pre-sentence report in respect to you. My assessment of it is that it is positive. It indicates you have good insight into how poorly you behaved, and the risks you presented to others. You told the author of the pre-sentence report that you are “absolutely disgusted with myself. I should have set a better example for my child…When I was young, I was put in a bad situation that I didn’t want to be in, now I have done exactly the same thing to my daughter and I shouldn’t have”.
I take into account your plea of guilty, it counts in your favour. This is a serious example of dangerous driving, however, aggravated by the fact you were disqualified at the time, and you were subject to a suspended period of imprisonment and a family violence order. Your response to seeing Ms Williams was entirely unjustified and out of all proportion to any frustration you may have felt. It makes little sense that you would act in such an extreme manner purely because you were frustrated. I am satisfied that part of the reason you drove as you did was to cause Ms Williams fear and apprehension. The whole situation must have been quite terrifying for her. Aspects of your driving placed not only Ms Williams and Mr Broderick at risk, but also your daughter and other road users.
Plainly, factors of general deterrence and denunciation are prominent in the sentencing process. There is a need to deter others who may be tempted to behave in a similar way, and your conduct must be condemned. At the same time, I take into account that there seems to have been a significant improvement in your attitude and behaviour since your incarceration following this crime. I am satisfied that period of incarceration has had a salient impact upon you, and the factor of specific deterrence can now be somewhat moderated.
I make the following orders. I activate the four-week period of imprisonment imposed on 28 March 2023 and order that you serve it. That period of imprisonment will be backdated to commence 26 December 2024.
You are convicted of all crimes and offences to which you have pleaded guilty. I impose one sentence across all matters. You are sentenced to imprisonment for a period of 15 months, commencing 23 January 2025. I suspend the balance of that period of imprisonment from today on condition that you commit no offence punishable by imprisonment for a period of two years. You are disqualified from holding or obtaining a driver’s licence for a period of 18 months, commencing today. I impose a Community Correction order, with the following special conditions:
1 You must, during the two year period, submit to the supervision of a probation officer as required by that officer.
2 You must attend educational and other programs as directed by your probation officer.
3 You must undergo assessment and treatment for drug dependency as directed by a probation officer. You must attend, participate in, and complete the EQUIPS addiction program if directed to do so by a probation officer.
4 You must submit to medical or psychological or psychiatric assessment or treatment or psychological counselling, or indeed any of those, if directed to do so by your probation officer.
5 You must complete 98 hours of community service.
I direct that you report to Community Corrections, Launceston, by close of business tomorrow. I warn you, Mr Johnston, there is now a substantial period of suspended imprisonment hanging over your head. If you breach that term of suspended imprisonment by the commission of any offences, which includes driving offences or family violence offences, that are punishable by imprisonment, it is highly likely that period of suspended imprisonment would be activated.