Gumbinyarra v Teague

[2003] NTSC 25

Gumbinyarra v Teague [2003] NTSC 25

PARTIES:ERIC GUMBINYARRA

v

ALLAN JAMES TEAGUE

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION:  SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING TERRITORY JURISDICTION

FILE NO:JA93 of 2002 (20205643)

DELIVERED:  20 March 2003

HEARING DATES:  5 February 2003

JUDGMENT OF:  MILDREN J

REPRESENTATION:

Counsel:

Appellant:S. Musk

Respondent:  A. Elliott

Solicitors:

Appellant:North Australian Aboriginal Legal Aid Service

Respondent:               Office of the Director of Public Prosecutions

:         

Judgment category classification:    B

Judgment ID Number:  

Number of pages:  12

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

Gumbinyarra v Teague [2003] NTSC 25

No. JA93 of 2002 (20205643)

BETWEEN:

ERIC GUMBINYARRA

Appellant

AND:

ALLAN JAMES TEAGUE

Respondent

CORAM:    MILDREN J

REASONS FOR JUDGMENT

(Delivered 20 March 2003)

1. This is an appeal against sentence pursuant to s 163 of the Justices Act.  The appellant pleaded guilty to one count of criminal damage and to one count of trespass brought by complaint in the Court of Summary Jurisdiction.  The facts alleged by the prosecutor were as follows:

   On the evening of Monday 15 April 2002, the appellant went to the Gunbalanya Sports & Social Club and consumed Victoria bitter beer.  The appellant left the club in a heavily intoxicated state and went home to Banyan Camp.  Later, some time after midnight, he decided to walk to Clancy's Outstation, which is approximately four kilometres out of Gunbalanya.  He was in an intoxicated state.

   As the appellant was walking past the Gunbalanya Health Clinic, he approached the rear side door of the clinic and used a clenched left fist to smash the top plate glass window of the window, shattering the glass.  The damage amounted to $319.  The appellant smashed the glass, causing a large laceration to his left fist that bled profusely all over the door and floor.  He then entered the health clinic.  He walked through the hallway.  A short time later he exited the clinic and left the area.

   The next morning, the appellant attended he Gunalanya Police Station, participated in a taped record of interview and made full admissions to the offences.  When asked why he smashed the glass door, he replied: "I was too drunk".  When asked why he entered the clinic, he replied: "No reason".  He was then charged and bailed. 

2. The appellant was, at the time of sentencing, a 33 year old unemployed Aboriginal man, living on unemployment benefits.  Nothing more is known about the appellant's personal circumstances other than that he has worked on a CDEP program previously and was on a waiting list to return to CDEP work.  He had pleaded guilty and through his counsel offered to make restitution of the $319 to the clinic.  He had 47 prior convictions, the last being for aggravated assault on 19 February 1997 when he was sentenced to a partly suspended sentence.  His last previous conviction for criminal damage was on 8 June 1993 when he received 80 hours community service.  The prior convictions included some multiple count convictions.…