Jail for tossing victim into sea

A MAN who pushed his former partner overboard off the coast of southern Tasmania and then motored off with her children on board has been sentenced to nine months in prison.

In the Supreme Court in Hobart before Justice Michael Brett yesterday afternoon, Erin Jay Tyers, 44, was convicted and sentenced after being found guilty by a jury in July.

Tyers was found guilty of assaulting the woman by forcing an unlit cigarette into her mouth and pushing her off his boat near Southport in the early hours of January 3, 2015.

The jury cleared Tyers of five charges of punching, poking and wielding a knife in front of the woman’s face as well as depriving her of her liberty by blocking her from leaving the boat’s toilet.

He was also acquitted of stomping on her fingers when she tried to get back on the boat after being pushed off.

Yesterday, Justice Brett described the cigarette incident as a “petulant act” and pushing the woman off the boat as “an act of vindictiveness”.

“I’m satisfied she was calling out for help in the water and you mocked her,” he said.

“She was understandably terrified and it’s e x t r e mel y fortunate she was discovered by two fishermen.”

Justice Brett said there had been the potential for the woman to suffer significant harm and the fact it all happened in front of her young children was a significantly aggravating factor.

The court heard Tyers had previous convictions for assault and breaches of restraint and family violence orders.

A forensic mental health report found Tyers had suffered from bipolar and anti-social personality disorder, but those conditions were dormant at the time of the crime and now.

Justice Brett said he would modify the sentence due to Tyers’ mental health concerns, but he was satisfied the prison service would be able to regularly assess his mental health and treatment would be made available if necessary.

Justice Brett sentenced Tyers to nine months in prison and he will be subject to 12 months’ probation on his release.