R v Bartlett

David Ian Bartlett was charged with recklessly inflicting grievous bodily harm on another person on 22 May 2015 and culpable driving of a motor vehicle. The matter was heard in the Magistrates Court of the Australian Capital Territory. Bartlett was found guilty of the first offence but not guilty of the second. The primary legal issues for the court were to determine the appropriate sentence for Bartlett’s conviction and to consider the possibility of an Intensive Corrections Order.

The court had to assess the objective seriousness of Bartlett’s offence, taking into account the harm caused to the victim. The court also had to consider Bartlett’s previous good character and the need for general deterrence. The court acknowledged the mitigating factors presented, including Bartlett’s cooperation with authorities and his remorse. The court also noted that Bartlett’s actions were impulsive rather than premeditated. The court determined that an Intensive Corrections Order could be an appropriate form of punishment, considering the potential for rehabilitation and the need for deterrence.

The court found that Bartlett’s actions were of significant seriousness due to the grievous bodily harm inflicted on the victim. However, the court recognised that Bartlett had no prior convictions and had shown remorse. The court also considered the potential for rehabilitation through an Intensive Corrections Order. The court adjourned the sentencing to allow for an assessment of Bartlett’s suitability for such an order. The court also imposed additional conditions on Bartlett’s bail, including reporting to ACT Corrective Services for the assessment and refraining from travelling outside Australia during the assessment period.

The court ordered that Bartlett be convicted of recklessly inflicting grievous bodily harm and dismissed the charge of culpable driving. The sentence was adjourned until 2 March 2017 for the Director-General to assess Bartlett’s suitability for an Intensive Corrections Order. The court also continued Bartlett’s bail with additional conditions, including reporting to ACT Corrective Services and not travelling outside Australia between 23 December 2016 and 2 March 2017.