Grimshaw v Mann

Garret James Grimshaw appeals against his sentence for common assault, arguing it is manifestly excessive. Matthew John Mann is the complainant and police officer assigned to the case. Grimshaw had been involved in an altercation with Mann outside a late night convenience store in Civic and struck Mann three times with his closed fist, causing her to fall and hit her head. The original charge of assault occasioning actual bodily harm was dismissed and Grimshaw pleaded guilty to a fresh charge of common assault. The learned Magistrate sentenced Grimshaw to ten months imprisonment, reduced by three months for a plea of guilty, and ordered a period of three months periodic detention with the balance suspended with a two year good behaviour order. Grimshaw appeals the sentence on the ground of manifest excess. The Court found the sentence manifestly excessive and ordered that the conviction be confirmed but the sentence be set aside. In lieu, the Court orders ten months imprisonment, to commence on 28 May 2013, to be suspended for two years from 27 August 2013, and that Grimshaw sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act, for a period of two years.