STATE OF TASMANIA v BARRY GRANT RALSTON 5 MARCH 2025
COMMENTS ON PASSING SENTENCE JAGO J
Mr Ralston, you have pleaded guilty to one count of committing an unlawful act intended to cause bodily harm, and one count of Criminal Code assault. Additionally, I am dealing with your pleas of guilty to three summary charges, namely driving whilst not the holder of a driver’s licence, trespass and destroy property. The crimes were committed on 21 July 2024. The victim of your crime was a Mr Michael Lane.
The background to your crimes is as follows. You have a son, Shane. He owned a motor vehicle. On the relevant date, your son, Shane, became aware that the complainant was driving his motor vehicle. The motor vehicle was stored at a property next to Mr Lane’s property. Shane had not given permission for Mr Lane to drive the vehicle but apparently the owner of the property, where it was stored, had provided the complainant with the keys. Shane was also informed that the vehicle had been used to remove tin and timber from a shipping container belonging to you.
When Shane became aware the complainant was driving the vehicle, there was an exchange of text messages between he and Mr Lane. Tensions obviously escalated. Shane told you about all of this. You and your son then travelled in your Toyota Landcruiser to the complainant’s property. In the vehicle was a knife and a machete. The complainant heard some yelling outside his property. He exited his property, taking with him a pitchfork. You got out of your vehicle with the knife and your son had the machete. As the complainant approached you and your son, your son threw the machete at him. It hit him in the back of the head, drawing blood. The complainant then proceeded to chase your son around the yard area.
At one point, the complainant picked up the machete and threw it at your vehicle. You returned to your vehicle and drove it directly at the complainant, hitting him and running him over with the front right hand tyre. The complainant rolled out from underneath the car. You put it in reverse and attempted to run over him a second time. This behaviour encompasses the crime of committing an unlawful act intended to cause bodily harm.
You then proceeded to reverse the vehicle again and drive it back towards the complainant. You did this a further three times in total. Fortunately, on each occasion, the complainant was able to move out of the way. Nevertheless, he very reasonably feared that you would strike him again with the motor vehicle. This behaviour encompasses the crime of assault.
Eventually, you and your son drove away from the property. Police and ambulance were called. When police attended, they observed extensive damage to the front fence and garden, and skid marks across the front lawn. They also noted the complainant’s shirt had a tyre mark across his chest.
The complainant was taken to Burnie Hospital. When examined, he had a one-to-two-centimetre laceration on his head, an abrasion on the left side of his face, neck tenderness, tenderness to both sides of the chest, abrasions to the right elbow and left forearm and guarding of the abdomen, which involves a clenching of the abdominal muscles in response to pressure. A CT scan of the complainant’s brain, neck, chest, abdomen and pelvis was performed. Fortunately, no further injury was detected.
You were arrested later the same day. You told police that you had been informed that the complainant had taken your son’s car and had used it to steal items from your shipping container. You, therefore, went to the complainant’s home intending to retrieve your son’s car and the materials you believed the complainant had stolen. You told police that the machete and knife were always kept in your vehicle and had not been taken for any specific purpose. You also told police that when you saw the complainant with the pitchfork, you thought he was going to confront your son, so you drove at him in order to protect your son. In my assessment, any claim of protecting your son needs to be viewed with some scepticism. You went there to confront the complainant and exited the vehicle bearing weapons. It is extreme to respond to the circumstances that were in play by driving a very large vehicle at the complainant, striking him once, and then trying to strike him several more times. That very much suggests it was anger and frustration motivating you, not an intent to protect.
You admitted to police that you wanted to hurt the complainant but said you did not want to kill him. You told police that you regretted your conduct and wished that you had not behaved as you did. You have been remanded in custody since the day of the incident.
The complainant has been badly affected by your crimes. He spent several days in hospital, during which he experienced considerable pain. He continues to experience pain in the chest, back and arm, which leads to difficulties in both standing and sitting, as well as walking on occasion. He has been referred for further scans in anticipation of having to see a specialist. It is likely that he will endure ongoing physical difficulties into the future. Additionally, he has been impacted psychologically. He experiences flashbacks and sleeplessness. He has become socially withdrawn and no longer feels safe. When the incident occurred, he genuinely believed he would die.
You are 51 years of age. You have several prior convictions for driving offences, dishonesty offences and matters of violence, although I acknowledge many of them are dated. In 2013, you were sentenced by the Supreme Court for the crime of wounding and assault. I am told this incident occurred in circumstances where a person approached your family home, with a firearm and you responded to the situation using a knife. It is somewhat concerning that you appear to settle grievances through the use of violence. Since that sentence was imposed upon you however, your offending has predominately involved driving offences.
You have a strong industrial record. You have worked in the mining industry for many years, before taking up work on a dairy farm. You are in poor health. You have recently been diagnosed with a brain injury. The left side of your brain has been damaged by severe concussions, many of which were sustained during your time in mines. Apparently, your brain is now dying and, as time goes on, it is likely there will be further deterioration. You need to be referred to a specialist, but that has not occurred whilst you have been in custody.
I am told you very much regret this incident. I accept you were in a heightened, emotional state because of what you had been told about the complainant’s behaviour, but this in no way justifies your actions. The sensible thing to do would have been to contact police about the complainant’s alleged behaviour. Instead, you reacted in a manner that was extreme and inherently dangerous. It is, quite frankly, incredible that Mr Lane did not sustain more serious injuries. It counts in your favour that you have pleaded guilty to these matters. I also note you made full admissions to police when they spoke with you.
I accept that by reason of your brain injury, prison is likely to be more difficult for you. It is difficult to fully assess the extent to which you will experience difficulties within prison as I have not been provided with any reports pertaining to the state of your brain condition. I nevertheless, accept it is unlikely that you will receive the specialist treatment you require whilst remanded in custody. A crime of this nature generally justifies a sentence of imprisonment of between three and seven years. Sentencing principles of general deterrence, denunciation and vindication of victims are paramount. You and others in the community need to understand that the settling of grievances through the use of extreme violence will not be tolerated. The only appropriate sentence is a significant term of imprisonment.
You are convicted of all matters to which you have pleaded guilty. I make no further order in respect to the summary charges. In respect to the two crimes, I impose one sentence. You are sentenced to imprisonment for three years and eight months, backdated to commence on 21 July 2024. Given your limited and dated history of violence, it is appropriate that you should have the opportunity for parole at the earliest point. Accordingly, I order that you not be eligible for parole until you have served one half of the sentence.