Supreme Court
New South Wales
Medium Neutral Citation: R v Jason Mark Grogan [2017] NSWSC 378 Hearing dates: 31 March 2017 Decision date: 13 April 2017 Before: Hidden AJ Decision: Sentenced to imprisonment for 9 ½ years, non-parole period 6 ½ years, from 17 May 2012.
Catchwords: CRIMINAL LAW – Sentence – manslaughter by punching – plea of guilty – originally charged with murder – offer to plead guilty to manslaughter rejected – convicted of murder – conviction set aside on appeal and new trial on manslaughter ordered Cases Cited: Grogan v R [2016] NSWCCA 168
Lambadadis v R [2016] NSWCCA 117
R v Dyer [2014] NSWSC 1809
R v Grogan [2013] NSWSC 1643
R v Halloun [2014] NSWSC 1705
R v Loveridge [2014] NSWCCA 120, 243 ACrimR 31
R v Matthews [2015] NSWSC 49
R v McNeil (No 4) [2015] NSWSC 198
R v Wood [2014] NSWCCA 184Category: Sentence Parties: Regina
Jason Mark Grogan (Offender)Representation: Counsel:
Solicitors:
Crown – Mr T Thorpe
Offender – Mr P McGrath SC
Crown – Director of Public Prosecutions
Offender – Legal Aid Commission
File Number(s): 2012/17224
SENTENCE
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HIDDEN AJ: The offender, Jason Mark Grogan, has pleaded guilty to the manslaughter of Alan Henry at Gloucester on 19 April 2012. I received an agreed statement of facts, which I shall summarise.
Facts
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The deceased, Mr Henry, was a 72 year old widower who lived alone in a house in Gregson Street, Gloucester. In early 2011 he became acquainted with Ms Natasha Slacke, who became his part time carer. The offender was her boyfriend, and they lived at Port Stephens. Initially the three of them socialised from time to time, but later there was a falling out between Mr Henry and the offender. What caused this is unclear. Ms Slacke continued to visit Mr Henry but the offender was not welcome.
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On 10 January 2012, the offender and Ms Slacke travelled to Gloucester for her to visit Mr Henry. In the late afternoon they were at a service station close to Mr Henry’s home, and were seen to be engaged in a very heated argument. The offender’s state of mind was one of agitation, anger and aggression. The altercation was such that bystanders were prompted to intervene out of concern that he might harm Ms Slacke. The situation was brought under control and Ms Slacke telephoned Mr Henry. A police officer had been flagged down by a motorist, and Ms Slacke passed the phone to him. He asked Mr Henry whether he had any problem with Ms Slacke coming to his home to stay. Mr Henry said that that was fine, provided that the offender was not with her. He said of the offender that he was “an absolute arsehole and isn’t welcome here.”
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During this phone conversation the offender left the scene and went to Mr Henry’s home. He climbed over the back fence from a rear lane. He was seen by a neighbour and appeared to be a bit…
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- AGLC
- R v Jason Mark Grogan [2017] NSWSC 378
- Case
- [2017] NSWSC 378
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court of Appeal were whether the District Court judge erred in rejecting the appellant’s plea of guilty to manslaughter and whether the conviction for murder was unsafe and unsatisfactory. The Court had to consider the principles of plea bargaining and the discretion of the trial judge in accepting a plea, as well as the standard of proof for a conviction and the adequacy of the evidence presented at trial.
In delivering the judgment, the Court of Appeal held that the trial judge had erred in rejecting the appellant's plea of guilty to manslaughter. The Court found that the trial judge had not considered the appellant's plea in the proper manner and had not adequately assessed the mitigating factors that should have been taken into account. The Court further held that the conviction for murder was unsafe and unsatisfactory, as it was based on an incomplete assessment of the evidence and the circumstances of the case. The Court of Appeal concluded that the appellant was entitled to a new trial for manslaughter, and the conviction for murder was set aside. The Court emphasised the importance of ensuring that plea negotiations are conducted fairly and that the trial judge exercises their discretion appropriately in accepting a plea. The Court also highlighted the need for a thorough assessment of the evidence and the circumstances of the case to ensure a just outcome.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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