Mamarika v Chambers

[2007] NTSC 13

Mamarika v Chambers [2007] NTSC 13

PARTIES:MAMARIKA, Constantine

v

CHAMBERS, Kim

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION:  SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING APPELLATE JURISDICTION

FILE NO:JA 41 of 2006 (20606557)

DELIVERED:  19 February 2007

HEARING DATES:  13 February 2007

JUDGMENT OF:  SOUTHWOOD J

CATCHWORDS:

JUSTICES ACT – Justices appeal – assault on a police officer – appeal on grounds that erred in not imposing a sentence of imprisonment to the rising of the court or a partly suspended sentence – sufficient weight not given to rehabilitation – appeal dismissed

Yardley v Betts (1979) 22 SASR 108, White v Brown (2003) 13 NTLR 50, referred to

REPRESENTATION:

Counsel:

Appellant:P Dwyer

Respondent:  M Walsh

Solicitors:

Appellant:North Australian Aboriginal Justice Agency

Respondent:  Office of the Director of Public Prosecutions

Judgment category classification:    B

Judgment ID Number:  Sou0742

Number of pages:  7

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

Mamarika v Chambers [2007] NTSC 13

No JA 41 of 2006 (20606557)

IN THE MATTER OF the Justices Act

AND IN THE MATTER OF an appeal against sentence handed down in the Court of Summary Jurisdiction at Alyangula

BETWEEN:

MAMARIKA, Constantine

Appellant:

AND:

CHAMBERS, Kim Trevenan

Respondent:

CORAM:     SOUTHWOOD J

REASONS FOR JUDGMENT

(Delivered 19 February 2007)

Introduction

1. On 20 June 2006 the appellant pleaded guilty to having assaulted a police officer, Constable Rothe, in the execution of his duty on 30 January 2001.  On 15 August 2006 the appellant was sentenced to imprisonment by the Court of Summary Jurisdiction for a period of one month. 

2. He now appeals against that sentence on the following grounds:

   1.That the learned magistrate erred in not considering:

   (i)a sentence of imprisonment to the rising of the Court;

   (ii)whether any sentence of imprisonment should be partly suspended.

   2.That the learned magistrate did not give sufficient weight to the principle of rehabilitation in the circumstances of the case.

3. The delay in finalising the matter was largely the fault of the appellant.

   The facts

4. The facts are as follows.  On 30 January 2001 the appellant and his brother had been drinking moselle after the funeral of their grandfather.  Later that day they were walking along an alley in Moulden when an incident occurred and police were called.  The appellant was approached by police and he was arrested.  While being escorted to the rear of the police paddy wagon he twisted away from the police officer and tried to run away.  He was ground stabilised and held until he calmed down.  When he was again taken towards the police paddy wagon the appellant jumped up and kicked Constable Rothe with his right leg, striking the constable in the vicinity of his groin.  The constable felt extreme pain as a consequence.  The appellant was then taken to the Berrimah watch house where he wrongly identified himself as Thomas Mamarika.  He was processed under that name.  On the following day the appellant was charged and bailed under the name of Thomas…