Police v Hughes

Case [2024] ACTMC 9


MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Police v Hughes

Citation: 

[2024] ACTMC 9

Hearing Dates: 

3 June 2024

Decision Date: 

3 June 2024

Before:

Magistrate Temby

Decision: 

See [78]

Catchwords: 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCDURE – Judgment and Punishment – Sentence – aggravated assault occasioning actual bodily harm – aggravated common assault – family violence – sentence of imprisonment

Legislation Cited: 

Crimes (Sentencing) Act 2005 ss 33, 33(1)(za), 34B,

Cases Cited: 

DPP v Gale [2023] ACTSC 297

R v Peric (No 3) [2022] ACTSC 387

Bugmy v The Queen [2013] HCA 37; 249 CLR 517

Markarian v R [2005] HCA 25; 228 CLR 357

R v Doan (2000) 50 NSWLR 115

O’Brien v R [2015] ACTCA 47

R v Deng; Carberry v The King [2023] ACTCA 32

The Queen v Ruwhiu [2023] ACTCA 18

Parties: 

Luke Jarman (Informant 1st series)

Chisanto Lesmana Mulyadi (Informant 2nd & 3rd series)

Garry Hughes ( Defendant)

Representation: 

Solicitors

ACT Director of Public Prosecutions

Aboriginal Legal Service ( Defendant)

File Numbers:

CC 1711 of 2024

CC 6829 of 2023

CC 1751 of 2024

CC 1752 of 2024

MAGISTRATE TEMBY:

Introduction

1․The Defendant appeared before me today to be sentenced in relation to four offences – two offences of assault occasioning actual bodily harm and two of aggravated common assault. All offences are aggravated by being committed in a family violence context, having been committed against the Defendant’s ex-partner.

2․The maximum penalties for the offences charged are:

(a)seven years’ imprisonment for the aggravated assault occasioning actual bodily harm offences; and

(b)three years’ imprisonment for the aggravated common assault offences.

3․I note that the Defendant gave his consent for all charges to be dealt with summarily.

4․In considering the matter, I note that:

(a)I must be satisfied beyond reasonable doubt of any fact which might be relied on in aggravation of the offence for which the Defendant is charged; and

(b)I must be satisfied on the balance of probabilities of any facts which I take into account in mitigation of the offences or in mitigation of the sentence.

Nature and circumstances of offence

5․The Defendant was found guilty following two hearings that were held in relation to the offences. I presided over proceedings 6829 of 2023, and 1751 and 1752 of 2024, and Special Magistrate Richter presided over proceedings 1711 of 2024.

Objective seriousness - considerations

6․In general terms, the objective seriousness of each of the assault offences is to be assessed having regard to:

(a)the nature of the attack and the surrounding circumstances; and

(b)the harm suffered by the complainant.

6829 of 2023, 1751 and 1752 of 2024

Facts

7․The facts relevant to the sentencing exercise for proceedings 6829 of 2023, and 1751 and 1752 of 2024, are as follows:

(a)at around 6.00 to 6.30 pm on 7 July 2023, the Defendant and the complainant were at an address on Newman-Morris Circuit in Oxley. With them in the house were their four children, aged four and…

Continue reading Police v Hughes

Sign in free to access the full text

Details
AGLC
Police v Hughes [2024] ACTMC 9
Case
[2024] ACTMC 9
Decision Date

CaseChat Overview and Summary

The case involved the Police as the prosecutor and Hughes as the defendant. The dispute centered around a charge of aggravated assault occasioning actual bodily harm, with an additional charge of aggravated common assault. The matter was heard in the Magistrates' Court of Victoria. The defendant was alleged to have committed these offences within the context of family violence. The case hinged on whether the defendant's actions warranted the severity of the proposed penalties.

The court needed to determine the appropriate legal framework to apply in sentencing, particularly given the nature of the offences as family violence. A key issue was the balancing of the defendant's culpability against the need to provide a deterrent and to uphold community standards. Another consideration was the applicability of mitigating factors such as the defendant's background and remorse. The court was also tasked with deciding the proportionality of the sentence, considering the gravity of the offences and the need to protect the community.

In its judgment, the court acknowledged the seriousness of the offences and the need for a punitive response. It found that the offences were indeed aggravated by the context of family violence, and that the defendant's actions had caused significant harm. The court considered various sentencing principles, including general deterrence, specific deterrence, and denunciation. After weighing the aggravating and mitigating factors, the court concluded that a term of imprisonment was warranted. The defendant was sentenced to a period of imprisonment, reflecting the seriousness of the offences and the need to protect potential future victims.

The final orders included the defendant's imprisonment for the specified term, as well as any ancillary orders deemed necessary by the court. These orders were made in accordance with the legal principles and considerations outlined in the judgment.

Orders

Orders of the court

See [78]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.