STATE OF TASMANIA v THOMAS PHILLIP TRIFFETT 21 JULY 2021
COMMENTS ON PASSING SENTENCE BLOW CJ
Thomas Phillip Triffett, you have pleaded guilty to four charges – trespass, assault, stealing, and using methylamphetamine.
Last year on 7 June you smoked some methylamphetamine and then decided to go to Coles in Bridgewater, steal some chocolates, sell them, and use the money to buy more drugs. You had been banned from that store. You committed the offence of trespassing by going there. You hid your bag in one aisle and then started to bring quantities of chocolates to it from the next aisle. People who worked there saw what you were doing. The manager approached you, but you produced some scissors, made a threatening gesture with them, and said, “What the fuck are you looking at?” Making that threatening gesture amounted to the crime of assault. You then committed the crime of stealing by leaving with $100 worth of chocolates.
You got caught because everything you did was recorded on CCTV. A security officer watched the footage and recognised you. The footage showed you throwing away a Coca-Cola bottle, and your DNA was found on it.
You were 20 years old when all this happened and you are now 21. You have been dealt with by magistrates for lots of offences in the past, but not for anything as serious as this assault. Threatening somebody with scissors or a knife can be very disturbing. The manager got a transfer to another store as a result of this incident. Apparently there had been earlier occasions when he had encountered threats of violence.
You committed these offences because you got addicted to methylamphetamine. I have obtained a pre-sentence report from a probation officer, and he has said a number of things that count in your favour. You seem to have stayed out of trouble since last September. You have been living with a new partner since April. She seems to be a good influence on you. She does not want you to use methylamphetamine any more. You are living with her in a unit provided by Anglicare. You are not spending time with people who might get you into trouble. You are willing to try to overcome your drug problem and some anger management issues, as well as improving your education.
I am not going to send you to prison for this, but you need to watch out. If you keep using drugs and getting into serious trouble you could very quickly end up in prison. But you have not reached that stage yet, and I hope you never will. I am going to make an order that will require you to do some community service, and to be supervised by a probation officer.
I convict you on all charges. I make a community correction order, to operate for 12 months from today, with conditions that during that period (a) you must satisfactorily perform and complete 70 hours’ community service, as directed by a probation officer or a supervisor; (b) you must undergo assessment and treatment for drug dependency as directed by a probation officer; (c) you must submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer; (d) you must submit to a learning and literacy assessment as directed by a probation officer; and (e) you must attend educational and other programs if directed to do so by a probation officer.
I order you to pay $100 compensation to Coles Supermarkets Australia Pty Ltd.