R v Chapman

[2018] ACTSC 57

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Chapman

Citation:

[2018] ACTSC 57

Hearing Date:

26 February 2018

DecisionDate:

26 February 2018

Before:

Mossop J

Decision:

See [28]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – recklessly inflicting grievous bodily harm – unprovoked attack – victim struck once – general deterrence – intensive corrections order not appropriate – suspended sentence – community service work condition

Legislation Cited:

Crimes Act 1900 (ACT), s 20

Crimes (Sentence Administration) Act 2005 (ACT)

Cases Cited:

R v Kepaoa [2017] ACTSC 414

R v Kepaoa (No 2) [2018] ACTSC 24

Parties:

The Queen (Crown)

Benjamin Chapman (Offender)

Representation:

Counsel

Mr B Ngugi (Crown)

Mr J Leaver (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Hozack Clisdell Lawyers (Offender)

File Number:

SCC 322 of 2017

MOSSOP J:

Introduction

1. Benjamin Chapman, the offender, has pleaded guilty to a charge of recklessly inflicting grievous bodily harm.  The offence occurred on 1 April 2017 when he was at the Mr Wolf nightclub with two of his friends.  Without warning or provocation he struck his victim, another young man attending the nightclub, on the left side of his face with enough force to fracture his jaw.

1. The maximum penalty for recklessly inflicting grievous bodily harm contrary to s 20 of the Crimes Act 1900 (ACT) is 13 years imprisonment.

Facts

1. The offender and a friend of his, Mr Gibson, travelled from Ulladulla to the house of another friend, Mr Templeton, in Bruce in the Australian Capital Territory.  They commenced an evening of drinking by consuming beer before going to Bruce Stadium to watch a football game.  They consumed a substantial quantity of beer there.  They then went back to Mr Templeton’s house in Bruce where they drank some more.  They then continued drinking at a number of pubs and clubs, ending up at the Mr Wolf nightclub, a venue commonly referred to in sentencing decisions in this Court.

1. At about 10:44pm, Mr Templeton bumped into the victim, a Benjamin Zaja.  Mr Zaja and Mr Templeton had a brief interaction which concluded with them shaking hands and hugging.  Mr Templeton and Mr Gibson then walked away.  Mr Zaja extended his hand to the offender who was standing behind Mr Templeton.  They shook hands.  Then, without any warning or provocation, the offender struck Mr Zaja once on the face with his right arm with enough force to cause Mr Zaja to stumble backwards and fall on the floor.  Mr Zaja suffered a broken jaw.  There is no rational explanation for the offender’s violent conduct.

1. Mr Zaja attended The Canberra Hospital and underwent surgery under general anaesthetic to repair a fracture to the left side of his jaw.  He had a minimally displaced fracture.  Plates and screws were inserted.  He was discharged after two days.  A victim impact statement which was read to the Court indicates that he has required ongoing orthodontic treatment and will require further surgery to remove a tooth…