STATE OF TASMANIA v JONATHON PAUL MOORE 25 JUNE 2024
COMMENTS ON PASSING SENTENCE JAGO J
Mr Moore you have pleaded guilty to two crimes. The first, resisting lawful apprehension, occurred on 22 September 2023. The second crime, obstructing a police officer, occurred on 18 January 2024.
In respect to the first incident on 22 September, six police officers attended your home in Launceston. They were there to arrest you for alleged breaches of a family violence order. There were multiple police because they had information which suggested you may be difficult to arrest. Police knocked and you answered the door. You were immediately placed under arrest but began to resist endeavours to be taken into custody. You tensed your arms making it hard for police to bring them behind your back for the purpose of handcuffing. You also attempted to pull away from the police. You were taken to the ground. You continued to resist by pushing against police with your legs. You also stiffened your body and locked your hands in front of you and continued to push and struggle against police.
Whilst you were on the ground struggling with police, you attempted to grab one of the officer’s OC spay. You also reached for another officer’s firearm. This was in the officer’s holster on his right hip. You managed to release the safety mechanism of the holster and then grabbed hold of the firearm. You were pulling upwards attempting to remove it from the holster. Your attempts to remove it continued for approximately 20 seconds. During this time police were yelling at you to let go of the firearm. Eventually police resecured the firearm and also managed to handcuff you.
You were taken to the Launceston police station. You participated in a record of interview. You told police you were startled by their arrival and that you had just woken up and were not happy. You admitted you had tried to remove the firearm. You told police “I have no explanation I am just not in a good head space at the moment”. You spent 15 days in custody following your arrest for this matter. Some of the police officers who were involved in this incident found it a difficult experience. They were genuinely concerned you might successfully remove the firearm and they would be at risk. Other officers, particularly those who were more experienced, felt the situation was brought under control relatively quickly and there was minimal risk involved.
The second incident occurred on 18 January 2024 when you were on bail for the matter I have just referred to. At approximately 6.40pm on that day you telephoned 000. At the time you were walking along Meander Valley Road. You told the operator that you were drunk and you were going to hurt somebody. The operator asked whether you were going to hurt yourself or somebody else. Your answers indicated that there was risk of harm to both yourself and other members of the community. At one point you said to the operator, “I tell you right now I am going to try to kill someone … I’m going to do it why wouldn’t I”. At another point you said “I feel like running out in front of them… I feel like they can fucking feel how I feel”. This was in reference to passing cars. You also told the operator that if police came near you, you would disarm them. You told the operator that you had a firearm and would use it. The operator told you to keep walking and to wait for police to arrive. You responded by saying “don’t care what they want they have fucked up my life… the police, they are fucking dogs mate”.
Police eventually arrived in the area and formed a cordon around where you were walking. They asked you to put any firearm you had down. You refused to do so and told them that if they came towards you, you would fire a shot. Even with police there, you remained on the phone to the 000 operator. At one point you said to the operator “tell that police officer to stop approaching me otherwise I am going to fire a shot, I am telling you to tell him, tell him to backoff right now … otherwise there is going to be a shot fired off”. The 000 operator attempted to placate you. You agreed you did not want to hurt anyone but said “if they come this way, they will be shot, tell them that”. The phone call with the 000 operator lasted 49 minutes. During this time you were repeatedly asked to stop what you were doing, to talk to police, to put the gun down and to not hurt anyone.
After you had terminated the 000 call you continued to walk along Meander Valley Road. Police in the area lost sight of you. You walked to your mother’s unit which was on [address stated]. She was there with her dog. When police arrived at the unit and announced themselves, you told them that you had a gun and would shoot if they came any closer. Obviously concerned for everybody’s safety, police retreated. Your mother exited the unit with her dog and was escorted safely away.
When police asked her whether she had seen a firearm, she indicated she was not sure whether you had one concealed or not. Police negotiators arrived and established contact with you. The special operations group was also called to the area to assist. The area surrounding the unit was cordoned off and residents in nearby units were told not to leave their residences. Negotiations with you were attempted via a series of telephone calls. The calls went on continually for approximately three hours. You were told to comply with their directions and surrender. You refused to do so. During the phone calls you made a number of comments indicating you had a firearm. You demanded police contact a particular police constable associated with the family violence unit. You told police that if you were not able to talk to him you would “let off a shot”. At one point you told police you had a hostage in the unit and that if police “came through the door” you would fire your weapon. You said “listen to me, the first chance I get I will end a male officer’s life”.
With reference to the police officer from the family violence unit, you made a number of threats. You said you would fracture his skull and give him a “brain injury”; that you would be in gaol but he would be a vegetable for the rest of his life. You also threatened to put petrol on him and burn him. You said that you knew where he lived. You also told police you had explosives which were made out of fertiliser. Police continually asked for you to come out of the unit and surrender. You were persistent in your refusal to do so, although eventually you ended the telephone calls with police and left the unit. Police arrested you and took you in to custody. A subsequent search of the unit revealed no firearms or explosives within.
On 19 January you participated in a record of interview. You told police that you had been drinking alcohol that evening and it had affected you “more than normal”. You said you had broken up with your ex-partner, lost your employment and that you “really didn’t want to be here”. You indicated you had mental health difficulties. You agreed you had made a number of threatening comments towards police but said it was because you wanted police to shoot you. You said you could not remember the full details of what you had said to police.
You have been remanded in custody since 18 January 2024. You are 34 years of age. You have a number of relevant prior convictions. In 2010 you were convicted of wilfully obstructing a police officer. In 2012 you were convicted of committing a nuisance by disrupting the flow of traffic. Throughout 2013 you were convicted of several counts of common assault, using abusive language to a police officer, unlawfully carrying a dangerous article in a public place, and impersonating a police officer. This last matter related to you purchasing some handcuffs and pretending to be a police officer and placing a civilian under arrest.
In 2014 you were convicted of threatening a police officer by thrusting a knife towards him. In 2017 you were convicted of further charges of common assault which were family violence offences. In 2020 you were again convicted of assault.
You have struggled with alcoholism and depression most of your adult life. In the past you have been admitted to mental health facilities because of these difficulties. I am told that in the lead up to these incidents your relationship had come to an end in tumultuous circumstances. A family violence order was issued and in the early part of 2023 you had considerable contact with police because of the family violence allegations. You perceived that you were being harshly treated by police. When six police officers arrived on your doorstep on 22 September, you felt it was a confronting situation and reacted badly to it. I am told that you never intended to harm police but you recognise that they had no way of knowing that and understandably would have been concerned.
After spending some 15 days in custody following the September incident, you were bailed but made subject to an electronic monitoring device as a condition of a family violence order. The conditions which attached to the wearing of the electronic monitoring device meant you had difficulties in being able to travel to your employment. I am told that your legal counsel wrote to Tasmania Police in an endeavour to negotiate the conditions so you could retain your employment but this was unsuccessful. Consequently you lost your employment. You also had to vacate your permeant residence because it was to close to a gymnasium which the protected person frequented.
By this point you had lost both your employment and your residence. You felt aggrieved and your mental health had declined. Your alcohol consumption had increased. By the time of the January 2024 incident you were experiencing suicidal ideation and your behaviour had become self-destructive. On that evening you were heavily affected by alcohol. I am told you recall little of the exchange between yourself and police negotiators. It is of course relevant that you had no firearms or explosives which were capable of causing harm to others but again you acknowledge that police were not to know that, and considerable police resources were deployed in trying to resolve the situation with you. It must have been an uncomfortable situation for nearby residents also.
I have reference to a report that was prepared by Community Forensic Mental Health Services in respect to your possible participation on the Mental Health Diversion list within the Magistrates Court. Whilst that report has its limitations, it does indicate a history of excessive alcohol use and depression. It also notes a family history of suicide. The report indicates there is no suggestion of formal thought disorder, that you are cognitively intact and have full insight and understanding into your legal matters. The author of the report opines that you do not manage stress well and you respond to situations where you feel stressed by heavy alcohol use and self-harm actions and thoughts.
Whilst of course your heavy alcohol use provides some context for this offending it in no way mitigates it, and there is nothing before me to suggest the Verdins considerations have any application. Since being remanded in custody you have seen a psychiatrist and have been medicated with antidepressants. Your behaviour in custody has been settled and you have obtained employment in the prison kitchen. I am told the time you have spent in custody has been salutary. You have reflected on your behaviour and you acknowledge the seriousness of it and the impact it had upon the various police officers involved.
These are serious crimes. In respect to the September incident your behaviour was difficult for police to manage and you created fear and uncertainty when you attempted to obtain a firearm from police during the arrest. Had you been successful in doing so, who knows what may have occurred. Your behaviour on 18 January 2024 was protracted. A great deal of police resources were devoted to resolving the situation. Your behaviour was at times bizarre and unpredictable. Police had no way of knowing what you were armed with, or in possession of, and therefore had no way of knowing what may eventuate. They were justifiably concerned about not only your safety, but their safety and the safety of the broader community. If your behaviour was a means of encouraging police to end your life, then it was a misguided, selfish and unfair endeavour. It could have brought about disastrous results. I take into account of course, that ultimately nobody was hurt and that no actual firearm or weapon was involved.
The sentence I impose must send, however, a strong indication that the Court and the community are intolerant of conduct of this nature. Anyone who makes threats of the nature you did towards police and engages police resources in an unwarranted, time-wasting standoff must expect punishment.
I make the following orders. You are convicted of both counts to which you have pleaded guilty. I impose one sentence. You are sentenced to 15 months’ imprisonment backdated to commence on 1 January 2024 to take into account time spent in custody and not otherwise allocated to a sentencing order. Because I consider you would benefit from an extended period of community supervision I am going to suspend the operation of the last six months of the sentence and impose a community correction order, rather than make allowance for parole, in the hope that it will assist you in your rehabilitation. The last six months of that period of imprisonment will be suspended on condition that you commit no offence punishable by imprisonment for a period of two years.
I impose a community correction order for a period of 12 months requiring you to be subject to the supervision of a community correction officer during that time. This order will commence upon your release from custody. You must report to Community Corrections within two working days of your release from custody. The statutory core conditions of a Community Correction Order are imposed. Those conditions will be set out in a document that will be provided to you. In summary, they will include the following conditions that will apply for the entire operational period:
- You must not commit an offence punishable by imprisonment;
- You must report to a probation officer as required by the probation officer;
- You must comply with the reasonable and lawful directions of a probation officer or a supervisor;
- You must not leave or remain outside of Tasmania without the permission of a probation officer; and
- You must give notice to a probation officer of any change of address or employment before or within two working days after the change.
I also impose the following special conditions:
- You must during the operational period of the order submit to the supervision of a probation officer as required by the probation officer;
- You must comply with directions regarding referrals to and compliance with alcohol and drug services and mental health services;
- You must undergo assessment and treatment for alcohol or drug dependency if directed to do so by a probation officer;
- You must for the duration of the operational period of the order submit to medical, psychological or psychiatric assessment or treatment if directed to do so by a probation officer; and
- you must attend, participate in and complete the EQUIPS addiction program if directed to do so by a probation officer.
Mr Moore, I warn you that if you breach the terms of the suspended sentence a court must activate it unless it is unjust to do so.