District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Hamilton [2022] NSWDC 508 Hearing dates: 6 October 2022 Date of orders: 6 October 2022 Decision date: 06 October 2022 Jurisdiction: Criminal Before: Grant DCJ Decision: Orders at [60]
Catchwords: SENTENCING – cause grievous bodily harm with intent to prevent lawful arrest or detention – victim a police officer – whether the victim was vulnerable by virtue of his employment as a police officer – whether the offending is aggravated because the victim was a police officer – substantial injuries – injuries caused by a single kick – strong subjective case for the offender – no previous convictions – young age of the offender – excellent prospects of rehabilitation – low risk of reoffending – genuine contrition and remorse – first time in custody – special circumstances – only a sentence of full-time imprisonment appropriate
Legislation Cited: Crimes Act 1900
Cases Cited: Attorney General's application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No. 2 of 2002) [2002] NSWCCA 515
Clarke-Jeffries v R [2019] NSWCCA 56
Kirby v The Queen [2021] NSWCCA 162
Locke v R (2010) 207 A Crim R 34
R v MAK (2006) 167 A Crim R 159
Category: Sentence Parties: Rex (Crown)
Jacob James Hamilton (Offender)Representation: Counsel:
Solicitors:
Mr P Kerr (Crown)
Mr D Bhutani (Offender)
Solicitor for the Director of Public Prosecutions (Crown)
KPW Lawyers (Offender)
File Number(s): 2021/00280972 Publication restriction: Nil
EX TEMPORE JUDGMENT
Introduction
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The evening of Saturday 2 October 2021 appeared to be run of the mill in the city of Albury. However, it was not to be. For some, their lives would change forevermore.
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Senior Constable Sullivan was travelling in a police vehicle along the main street. Not far from a pub, a "punch on" took place between two males on the roadway. Senior Constable Sullivan and Constable Kelly exited the vehicle and approached the males. Senior Constable Sullivan pulled on one of the males’ arms and managed to separate him from the other male and took him to the ground. Senior Constable Sullivan was lying on top of the male to control him. Senior Constable Sullivan was in a vulnerable position. What happened thereafter is captured on CCTV. Mr Hamilton advances towards Senior Constable Sullivan and kicks him in the head, then he retreats and runs away. Out of concern by his colleagues, Senior Constable Sullivan was rushed to hospital in a highway patrol vehicle. His injuries were serious and are ongoing.
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Mr Hamilton appears for sentence on a charge of cause grievous bodily harm with intent to prevent lawful arrest or detention contrary to s 33(2)(b) of the Crimes Act 1900. The maximum penalty is imprisonment for 25 years. It has a standard non-parole period of 7 years. The charge sits below the apex of murder for…
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- AGLC
- R v Hamilton [2022] NSWDC 508
- Case
- [2022] NSWDC 508
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Orders at [60]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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