1. Jakson Mark Carmody be convicted of recklessly inflicting grievous bodily harm on the victim on 11 July 2015.
2. Jakson Mark Carmody be convicted of damaging property on 11 June 2015.
3. The sentencing be adjourned to 9:00am on 24 February 2017.
4. Bail be continued with the following additional conditions:
a. that he report to ACT Corrective Services, Level 1, 249 London Circuit, Canberra City, by 4:00pm today to make arrangements for an assessment of his suitability for an Intensive Correction Order; and
b. that he co-operate with ACT Corrective Services in the assessment for an Intensive Correction Order and obey all reasonable requirements made of him for that assessment.
5. The transferred charge of causing damage to property on 11 June 2015 be dismissed.
Catchwords:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – recklessly inflicting grievous bodily harm – damaging property – alleged provocation – fear for concern of safety – victim sustained “really serious injuries” – broken arm caused by a blow by a baseball bat – no relevant premeditation – subjective circumstances – breach of Good Behaviour Order – cancellation of Good Behaviour Order – consideration of circumstances lead to a period of imprisonment – request for assessment for suitability for an Intensive Correction Order – general deterrence
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
R v Carmody [2016] ACTSC 382
Case
[2016] ACTSC 382
Decision Date
CaseChat Overview and Summary
In the matter of R v Carmody, the court was presented with two charges against Jakson Mark Carmody: recklessly inflicting grievous bodily harm on another person and damaging property. The charges arose from an incident on 11 July 2015, where the victim sustained significant injuries, including a broken arm from a blow by a baseball bat, and from a separate incident on 11 June 2015, where property was damaged. The defendant had a history of breaching a Good Behaviour Order and was currently on bail with certain conditions. The case required the court to decide on the appropriate sentence for the defendant, considering the severity of the injuries inflicted, the lack of premeditation, and the defendant's subjective circumstances at the time of the offence.
The legal issues for the court to determine included the appropriate sentence for the defendant, taking into account the principles of general deterrence and the potential for an Intensive Correction Order. The court also had to consider the circumstances of the offence and whether the defendant's actions warranted a custodial sentence. Additionally, the court needed to address the breach of the Good Behaviour Order and decide on the appropriate response, including the possibility of cancelling the order. The court was tasked with balancing the need for punishment and deterrence against the defendant's background and the specific circumstances of the offence.
In delivering the judgment, the court found that the defendant's actions were reckless and resulted in serious harm to the victim. The court acknowledged the lack of premeditation but emphasised the severity of the injuries and the need for general deterrence. The court also noted the defendant's history of breaching the Good Behaviour Order. The court decided to adjourn sentencing to allow for an assessment of the defendant's suitability for an Intensive Correction Order. The court continued the defendant's bail with additional conditions, requiring him to report for the assessment and cooperate with the authorities. The transferred charge of causing damage to property on 11 June 2015 was dismissed. The court concluded that the defendant should be convicted of the charges but deferred the sentencing to allow for further assessment and consideration of the appropriate punitive measures.
The final orders included convicting the defendant of recklessly inflicting grievous bodily harm and damaging property, adjourning sentencing to a later date, continuing bail with additional conditions for assessment, and dismissing the transferred charge. The court's decision reflected a careful consideration of the defendant's actions, the need for deterrence, and the potential for rehabilitation through an Intensive Correction Order. The court's approach aimed to balance justice for the victim with the defendant's circumstances and the broader objectives of the criminal justice system.
Orders
Orders of the court
1. Jakson Mark Carmody be convicted of recklessly inflicting grievous bodily harm on the victim on 11 July 2015.
2. Jakson Mark Carmody be convicted of damaging property on 11 June 2015.
3. The sentencing be adjourned to 9:00am on 24 February 2017.
4. Bail be continued with the following additional conditions:
a. that he report to ACT Corrective Services, Level 1, 249 London Circuit, Canberra City, by 4:00pm today to make arrangements for an assessment of his suitability for an Intensive Correction Order; and
b. that he co-operate with ACT Corrective Services in the assessment for an Intensive Correction Order and obey all reasonable requirements made of him for that assessment.
5. The transferred charge of causing damage to property on 11 June 2015 be dismissed.