Treatment Ordered For ‘drag Queen’ (Press, 7 July 1984)

Eric James Hagarty, a 20-year-old man described as a transvestite drag queen who struggles with chronic alcohol and drug abuse, had his initial 12-month jail sentence reduced to eight months following an appeal heard by Mr Justice Roper in the High Court on 7 July 1984. Hagarty had been sentenced by Judge Fraser in the District Court for charges of burglary and assault. The incident occurred on 22 April 1984 when Hagarty broke into a home on Chester Street after seeing the occupant leave. He stole goods and took $800 in cash. However, upon the occupant's unexpected return, Hagarty was caught and attempted to escape, attacking the victim, a karate expert, by scratching his face before he was restrained following a struggle. During the appeal, Hagarty's defence counsel, Mr E. H. B. Thompson, argued that while a prison sentence was unavoidable, the length of the term was excessive. He contended that the charges were linked, as Hagarty acted in panic after being caught and committed the burglary in a bid to fund his drug habit. At the time of the offence, Hagarty was under the influence of narcotics. The probation report presented described Hagarty as having a “total mess” of a life, highlighting the challenges he faced including his identity and struggles with addiction. It noted that he exhibited feminine traits and seemed to be a woman trapped in a man’s body, along with enduring significant mental health issues. He demonstrated signs of being a recidivist and suffered from depression, raising concerns about his potential for suicide. The report indicated Hagarty's inability to maintain jobs or relationships, and his life was marred by a lack of positive achievements. Hagarty's family dynamics further complicated his situation, as he experienced rejection from his family and emotional pain following his parents' relocation to Australia while he was incarcerated for a prostitution charge. In light of these circumstances, Thompson urged the court to reconsider Hagarty's sentence, emphasizing the need for treatment and the opportunity for rehabilitation rather than extended incarceration. In contrast, Miss K. McDonald, representing the Crown, argued that the original sentence was justified given Hagarty's extensive criminal record and the violent nature of the attack. Justice Roper acknowledged the severity of Hagarty’s probation report, stating it was one of the most disheartening he had encountered. However, he recognised that imprisonment was unlikely to benefit Hagarty and that he would need support upon release. Consequently, the High Court reduced his sentence to eight months and mandated one year of probation, during which Hagarty was required to attend medical and psychiatric treatment as recommended by the probation officer.

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