Director of Public Prosecutions v Jackson

[2012] VCC 1414

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MILDURA

CRIMINAL DIVISION

DIRECTOR OF PUBLIC PROSECUTIONS

v

JEFFREY JACKSON

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Mildura
DATE OF HEARING:	19 September 2012
DATE OF SENTENCE:	20 September 2012
CASE MAY BE CITED AS:	DPP v Jackson
MEDIUM NEUTRAL CITATION:	[2019] VCC 1414

REASONS FOR SENTENCE

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Catchwords:

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr D. O'Doherty	OPP
For the Accused	Mr L. Maisner	Martin Irwin & Richards

HIS HONOUR:

1 Jeffrey Watson Jackson, you have pleaded guilty to one count of recklessly causing serious injury, contrary to s.17 of the Crimes Act 1958. The maximum penalty for that offence is 15 years imprisonment.

2       Your plea of guilty may properly be characterised as an early plea, and I have taken that fact into account in your favour in mitigation of sentence.

3       You have admitted an extensive criminal history, including a number of convictions for offences of violence, and your criminal history is of significance in relation to my formulation of the appropriate sentence in your case.

4       A summary of prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows. 

5       On 10 October 2009 at your home in Robinvale, and in the presence of your daughter and other persons, you assaulted your partner Natalie Appo with a knife, and by pushing her to the floor and dragging her to the corner of the kitchen.  You threatened her and forced her to clean up damage and mess to the premises that you had caused in a drunken rage.  You also assaulted her while she was attempting to stop herself bleeding from the head from an injury that you had caused.

6       The following day her auntie attended the premises and took her to the Robinvale Hospital to be examined.  Upon examination she had the following injuries – a swollen ear, a split lip, swollen eyes, lacerations and scratches to her body, and a stab wound to her upper left arm, together with a laceration to the top of her head.  She was treated and staples were used to close the scalp wound, and she was provided with tetanus injections and analgesia.  Fortunately, she has made a full recovery from her injuries.

7       Shortly after your offending you left Victoria and travelled to Balranald and then to Queensland.  You then returned to Victoria and were arrested on 10 June 2012 and were questioned by investigating police in relation to your offending.  You made a no comment record of interview and you were remanded in custody, where you have remained.

8       The prosecution did not tender a victim impact statement in this case, although it is clear that your offending must have had a serious effect upon your partner Ms Appo.  In my opinion your offending may properly be described as of the utmost seriousness, and general deterrence is a significant sentencing factor in cases of this type.  Persons in relationships must be protected from violence of this kind by the courts, and other persons must be deterred from behaving in the appalling way that you did. 

9       Specific deterrence is also an important sentencing considering in your case, having regard to the abusive nature of your relationship with Ms Appo and your prior convictions.  Furthermore, you must be punished for your offending and your conduct must  be denounced by this court.

10      Ms Appo was present in court during the plea hearing, and it was submitted on your behalf that she has forgiven you for your conduct.  Whilst that demonstrates obviously her care and concern for you, it is not in my opinion a significant sentencing factor.  Forgiveness in circumstances such as this is often a common feature of an abusive relationship, and it cannot be taken into account in my opinion in mitigation of sentence.

11      Ms Appo gave evidence to the court and it is clear that she continues to support you, and she attested to the fact that you have made a number of important changes to your life.  However, you continue to abuse alcohol, and when you are drunk it is clear that she remains scared of you.  This is an aspect of your behaviour that must change.

12      Your offending occurred in 2009, and you therefore come before the court three years after it occurred.  The reason for the delay primarily is at your feet because you left the jurisdiction and did not return until approximately late 2011.  However, you have not offended since your offending on this occasion, and that is a factor which I have taken into account in your favour.  It suggests to me that you do have some prospects for rehabilitation, although my assessment of that must, in all the circumstances of this case, be guarded.  I have taken the delay, however, into account in your favour in relation to my formulation of the appropriate head sentence in this case, and the appropriate non-parole period.

13      I now turn to your personal circumstances.  You were born on 27 March 1973 and you are 39 years of age.  You have four young children.  You have a very poor educational and work history, and I accept that your background may properly be characterised as disrupted and seriously disadvantaged.  You have been exposed to alcohol and drug abuse as a child, resulting in you residing with your grandparents.

14      In turn, as you have developed yourself, you have developed a dependence on alcohol and drugs, and it is clear that your offending is a product of this abuse.  I accept that you now wish to participate in a healthy life with your children and assist them as best as you can as they grow up.

15      Nevertheless, alcohol and resulting anger remains an important issue for you, and in the event that you are released on parole following the completion of the non-parole period in this case it is essential for you to participate in programs designed to address your alcohol and drug abuse, together with your anger management issues.  In the event that you do not address these issues, in my opinion the prospects of you re-offending are clear.

16      Doing the best that I can in relation to the material provided before me, and applying all the relevant sentencing principles in this case, the sentence of the court is as follows.  In relation to the charge of recklessly causing serious injury, you are convicted and sentenced to be imprisoned for three years.  I order that you serve 18 months imprisonment before becoming eligible for release on parole.  I declare that you have served 102 days by way of pre-sentence detention, not including today.  I have made the disposal and forensic sample orders in this case, and I am obliged to inform you that the authorities may use reasonable force to obtain that forensic sample from you.

17      But for your plea of guilty I would have sentenced you to a total term of imprisonment of four years and fixed a non-parole period of two years and six months.

18      Any further orders?

19      MR O'DOHERTY:  No, nothing else, Your Honour.

20      HIS HONOUR:  Thank you.  Could Mr Jackson be removed, please?  Thank you.

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