R v James Christiansen

[2020] NSWDC 904

District Court

New South Wales

Medium Neutral Citation:

R v James Christiansen [2020] NSWDC 904

Hearing dates:

1 December 2020

Date of orders:

1 December 2020

Decision date:

01 December 2020

Jurisdiction:

Criminal

Before:

Wilson SC DCJ

Decision:

Full time custodial sentence imposed. Orders at [79]

Catchwords:

CRIME – sentence – recklessly cause grievous bodily harm – provocation – defence of self and another

Legislation Cited:

Crimes Act 1900 (NSW) s 35

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A

Cases Cited:

Muldrock v The Queen [2001] HCA 39

Texts Cited:

None

Category:

Sentence

Parties:

Regina (ODPP)
James Christiansen (Offender)

Representation:

Solicitors:
ODPP Solicitor (ODPP)
Mr Gibbons (Offender)

File Number(s):

2019/00359119

Publication restriction:

None

Judgment

1. The offender, James Christiansen, appears for sentence today having pleaded guilty to a single count of recklessly cause grievous bodily harm, being sequence 1 of charge number ending 605 in breach of s 35(2) of the Crimes Act 1900 (NSW). The offence carries a maximum penalty of ten years imprisonment with a standard non-parole period of four years imprisonment.

2. The offending occurred on 14 November 2019. He was committed for sentence in the Local Court on 14 August 2020 at which time another sequence was withdrawn. No time has been spent in custody as a result of this offending.

3. The facts relating to the offending are set out in the statement of Agreed Facts at tab 3 of Exhibit A. The offender was born on 22 October 1988. He was 31 years of age at the time of the offence. He is the uncle of the complainant. At the time of the offence the offender resided in Narara with his partner, Ms Turner, and the victim, Draye Patrick (born in July 2001). He was 18 at the time of the offence. The victim resided in Belmont, however, at the time of the offence was staying with the offender.

4. On 14 November 2019 the offender and the complainant both took LSD. The offender said they had done this together on three or four prior occasions although I note that there may be evidence elsewhere that it was just two. In any event nothing much turns upon that. The two men were in West Gosford when they took the drug at about 3pm. They returned to the offender's house at 3.30pm. At around 5.15 to 5.30pm Ms Turner arrived home from work where the offender and the victim were seated and talking in the lounge room area.

5. The following facts relate to what is described as “altercation one”. Ms Turner and the offender reported that around 6pm the victim began to attack the offender without warning, firstly throwing punches at him and then placing him in a chokehold with his arm around the offender's neck. The offender said he was being choked out. Ms Turner went to the assistance of the offender, at which point she alleged that the victim grabbed her around the waist and threw her across the room where she collided…