STATE OF TASMANIA v ANITA LEE WATSON 9 APRIL 2025
COMMENTS ON PASSING SENTENCE JAGO J
Ms Watson, you have pleaded guilty to one count of aggravated burglary and one count of assault. I am also dealing with your plea of guilty to a summary charge of destroy property.
On 4 June 2023, you and the complainant, Mr Rothwell, were living in separate, but nearby units in a complex in Penguin. On that day you and the complainant had been consuming alcohol together at your residence. After a period, you went to the complainant’s unit. At that time, your behaviour seemingly changed. You began to spit on the complainant’s floor. The complainant asked you to leave, which you did, after some encouragement. Some time later, you returned to the complainant’s residence and threw a stone paver through the front bedroom window of the unit, causing it to shatter. This constitutes the offence of destroy property.
The complainant opened his door and told you to leave. You approached the complainant and entered the porch area of his unit without his permission. You then proceeded to use your nails to scratch the complainant. You also used a piece of wood that you had in your possession to strike him over the head. The complainant was endeavouring to have you leave. At one point, you picked up a sickle, from a pile of sickles the complainant had placed outside his front door, which caused the complainant to retreat into his unit. You continued to damage the front bedroom window of the unit. At that point, the complainant exited his residence and restrained you. Police were called and you were arrested. The complainant was taken to the Northwest Regional Hospital. He had abrasions to his face, head and hands.
Because you were highly intoxicated when arrested, you were not interviewed until the following day. Under caution, you admitted to police that you had been consuming alcohol. You suggested you had “accidently tapped” the complainant with a piece of wood and denied scratching him. In essence, you denied your behaviour.
The complainant has been badly affected by your crime. Whilst his injuries were relatively moderate, he has been left feeling anxious and concerned. Because he continues to live in the same unit complex as you, he is worried about running into you and there being a further confrontation. He has been left feeling depressed, hyper vigilant and worried.
You are 43 years of age. You were 41 when the crimes occurred. You receive a Disability Support Pension for anxiety, depression and a personality disorder. You do not recall this incident because of your level of intoxication. You nevertheless accept the wrongfulness of your conduct. You have a long-standing issue with excessive alcohol consumption. This is reflected in your record of prior convictions. You have convictions for bail offences and dishonesty offences. You also have a prior conviction for a matter of common assault, dating back to 2005. Since this incident, you have committed further offences which resulted in a 12-week period of imprisonment, 8 weeks of which was suspended, being imposed upon you in March 2024.
Forcing your way into somebody’s home and assaulting them is always a serious matter. Your violence was perpetrated upon the complainant in his own home, despite him having made numerous requests for you to leave. You were drunk and not in control of your actions, which only exacerbates the risk of injury, particularly given your use of a weapon. It is fortunate the complainant’s injuries were not worse. I take into account your plea of guilty. I accept that you now recognise how intimidating your behaviour must have been for the complainant but, of course, your remorse was far from immediate. You initially denied any wrongdoing to police.
In my view, because of the need to send a very clear message to others that violence of this nature will not be tolerated, a term of imprisonment must be imposed. You spent some time in custody for this matter following your arrest, and it is appropriate that I backdate the sentence to reflect that. I have determined I should suspend the balance of the period of imprisonment in the hope that you will engage in a Community Correction Order and address your alcohol difficulty.
I make the following orders. You are convicted of the crimes and offences to which you have pleaded guilty. I impose one sentence. You are sentenced to a period of imprisonment of 10 months, commencing 2 February 2025. I suspend the balance of that period of imprisonment from today on condition that for a period of two years, you commit no offence punishable by imprisonment. I make a Community Correction Order, with an operational period of 12 months. All core conditions will be imposed. Additionally, I impose special conditions that you must report to a probation officer at Burnie, by close of business tomorrow. You must undergo assessment and treatment in relation to alcohol and/or substance abuse as directed by a probation officer. You must submit to testing for alcohol and/or drug use as directed by a probation officer. You must submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer. You must, if directed to do so by a probation officer, attend, participate in and complete the EQUIPS addiction programme and/or the EQUIPS aggression programme.
I make a compensation order in favour of Homes Tasmania in the amount of $183.27.
I need to explain to you Ms Watson, that if you do commit any offence punishable by imprisonment, and I emphasise the word “any”, during the period of suspension, you can be brought back to this Court and an application made that you serve the balance of the period of imprisonment – which is a little under 8 months. The law is that a judge must activate the sentence unless it is unjust to do so.