MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Jones v Graham |
Citation: | [2020] ACTMC 15 |
Hearing Date(s): | 7 March 2019 and 3 July 2019 |
DecisionDate: | 9 June 2020 |
Before: | Special Magistrate Hunter OAM |
Decision: | See [173]-[216] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – motor vehicle – assault – Directions Judge alone Trial, R v Clearihan |
Legislation Cited: | Road Transport (General) Act 1999 s 72, s 60 |
Cases Cited: | R V Mulcahy [2010] ACTSC 98 |
Parties: | W J Jones (Informant) Ross Graham (Defendant) |
Representation: | Counsel B Ngugi (Informant) T Sharman (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Informant) Sharman Robertson Solicitors (Defendant) | |
File Number(s): | CC 18/1578 CC 18/1579 CC 18/5189 CC 18/5181 CC 18/6592 |
SPECIAL MAGISTRATE HUNTER OAM:
The Defendant, Ross Graham was charged with five offences.
(a) CC 2018/6592 – obstructing a driver – to which a plea of guilty was entered.
(b) CC 2018/5178 – common assault – plea of not guilty entered
(c) CC 2018/5179 – common assault – plea of not guilty entered
(d) CC 2018/5181 – damage property – plea of not guilty entered
(e) CC 2018/5180 – assault occasioning actual bodily harm – plea of not guilty entered
These offences were said to have occurred on 13 December 2017 at Fowles St Weston.
I heard this matter over two days being 7 March 2019 and 3 July 2019.
I received the following evidence;
Statement of Warren Jones Constable of Police-Summary of his Evidence
Constable Jones attended the front desk of Woden Police station and spoke to Mr Ari Lyras (‘Mr Lyras’). Mr Lyras complained that he had been assaulted following a road rage incident on 13 December 2017. Mr Lyras, told him, that the Defendant parked his vehicle across the road impeding his travel. As this happened, Mr Lyras commenced videoing as he was concerned for his safety. Words were exchanged between the pair and the Defendant struck him to the head several times and hit his vehicle causing a small dent. Mr Lyras said that the last hit to the head rendered him unconscious.
Constable Jones took photos of the injuries sustained, placing them on a CD. Constable Jones received information that Mr Lyras attended Calvary Hospital as a result of the altercation. Constable Jones also copied the video of the incident recorded on the Complainant’s mobile phone.
Constable Jones attended the Defendant’s father’s home and spoke with him. Mr Graham provided a phone for the Defendant. Mr Graham Senior said he had witnessed part of the altercation.
Constable Jones received the 000 call and had it entered onto a CD and later transcribed.
Constable Jones spoke to the Defendant on 17 March 2018. The Defendant was offered to participate in an interview but declined. At the time the Defendants brother Ian said…
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- AGLC
- Jones v Graham [2020] ACTMC 15
- Case
- [2020] ACTMC 15
- Decision Date
CaseChat Overview and Summary
The legal issues at the heart of this appeal revolved around the principles of sentencing in cases involving motor vehicle assaults. The court needed to assess whether the trial judge had correctly applied the relevant legal principles and whether the sentence imposed was adequate. Key considerations included the nature and seriousness of the assault, the degree of culpability of the accused, and the potential for deterrence and rehabilitation. The Court of Appeal needed to determine whether the trial judge had appropriately balanced these factors and whether the sentence was proportionate to the crime.
In examining the trial judge's decision, the Court of Appeal noted that the trial judge had taken into account several mitigating factors, such as Mr. Graham's lack of a prior criminal record and his remorse. However, the court also highlighted the severity of the assault, which resulted in significant injuries to the victim. The Court of Appeal found that while the trial judge had considered the appropriate factors, the sentence imposed did not adequately reflect the seriousness of the crime and the need for deterrence. Consequently, the Court of Appeal allowed the appeal, quashed the original sentence, and ordered a new sentencing hearing to be conducted by a different judge. The court provided detailed directions to the sentencing judge to ensure that the new sentence would appropriately reflect the gravity of the offence.
The final orders of the Court of Appeal directed that a new sentencing hearing be conducted to impose a more appropriate sentence, taking into account the severity of the assault and the need for deterrence. The court provided detailed guidance to the sentencing judge on the factors to be considered, ensuring that the new sentence would be proportionate to the crime and reflect the principles of justice and public safety.
Orders
Orders of the court
See [173]-[216]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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