R v Jasper - [2014] NSWDC 116

District Court

New South Wales

Medium Neutral Citation: R v Jasper [2014] NSWDC 116
Decision date: 14 March 2014
Before: Cogswell SC DCJ
Decision:
For the offence of wound with intent to cause grievous bodily harm, a sentence of 6 years and 9 months in a hospital or Juvenile Detention Centre. Non-parole period of 2 years and 5 months.

Catchwords: CRIMINAL LAW - Sentence - particular offence - wound with intent to cause grievous bodily harm - victim stabbed at school - wounds life threatening - relevant factors - no prior criminality - 15 years old at time of offence - history of serious psychiatric illness - response to charges - remorse - apologised to victim - plea of guilty - 25% discount - rehabilitation - good clinical response to treatment - supportive family - purpose of sentence - mental health condition reduces moral culpability and reduces significance of general deterrence - community protected by offender's continued treatment in custody and within community upon release - sentencing orders - juvenile sentenced according to law - extraordinarily short non-parole period - sentencing procedure - no conviction recorded - victim impact statement.
Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) ss 6, 17.
Category: Sentence
Parties: Regina (Crown)
Darin Jasper (offender)
Representation: Counsel:
P Winch (offender)
Solicitor:
K Stanley, Office of the Director of Public Prosecutions (Crown)

File Number(s): DC 2013/00036244
Publication restriction: Pursuant to s15A Children (Criminal Proceedings) Act 1987, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child offender. Identifying information has been removed from this version of the remarks to comply with the statute and the offender's name has been replaced with a pseudonym (which is a colour).

REMARKS ON SENTENCE

Today I have to sentence Darin Jasper who, when he was still only 15 and a half years old, seriously stabbed another boy at his school. It is important for a judge to set out what happened in a crime so that the judge and those listening know exactly how serious an offence was that the judge is imposing the sentence for. I will start with that. Then I will look at the considerations which are personal to the offender and the arguments for the legal representatives. Finally I will impose the sentence.

The crime in this case that Darin Jasper has pleaded guilty to is called wounding with intent to cause grievous bodily harm. The offence is so serious that Parliament has fixed a maximum of 25 years imprisonment to it. Although this does not apply in this case, Parliament has also fixed a standard non-parole period of 7 years imprisonment to the offence. This shows how serious the crime is that Darin Jasper committed.

It happened on 5 February 2013 at Darin's school. He had an argument with another boy over the supply of cannabis. They decided that there would be a fight. There was a fight between Darin…

Grounds of appeal

[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.

Continue reading R v Jasper

Details

AGLC: R v Jasper [2014] NSWDC 116
Case: [2014] NSWDC 116
Decision Date: 14 March 2014

CaseChat Overview and Summary

The case of R v Jasper involved a 15-year-old offender who had stabbed a victim at a school, resulting in life-threatening injuries. The offender, who had no prior criminal record, pleaded guilty to the charge of wounding with intent to cause grievous bodily harm. The court was tasked with determining an appropriate sentence, taking into account the circumstances of the offence, the offender's age, mental health history, and other relevant factors.

The legal issues before the court included the appropriate weight to give to the offender's age and psychiatric history, the level of remorse shown, and the need for rehabilitation. The court had to balance the purposes of sentencing, including punishment, deterrence, and rehabilitation, against the gravity of the offence and the need to protect the community.

The court found that the offender's mental health condition reduced their moral culpability and the significance of general deterrence. The court emphasised that the offender's continued treatment in custody and within the community upon release would protect the community. Considering all relevant factors, the court imposed a sentence of 6 years and 9 months, with a non-parole period of 2 years and 5 months, to be served in a hospital or Juvenile Detention Centre. The court also ordered that no conviction be recorded and that a victim impact statement be taken into account.

Orders

Orders of the court

For the offence of wound with intent to cause grievous bodily harm, a sentence of 6 years and 9 months in a hospital or Juvenile Detention Centre. Non-parole period of 2 years and 5 months.

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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Medium Neutral Citation:	R v Jasper [2014] NSWDC 116
Decision date:	14 March 2014
Before:	Cogswell SC DCJ
Decision:	For the offence of wound with intent to cause grievous bodily harm, a sentence of 6 years and 9 months in a hospital or Juvenile Detention Centre. Non-parole period of 2 years and 5 months.
Catchwords:	CRIMINAL LAW - Sentence - particular offence - wound with intent to cause grievous bodily harm - victim stabbed at school - wounds life threatening - relevant factors - no prior criminality - 15 years old at time of offence - history of serious psychiatric illness - response to charges - remorse - apologised to victim - plea of guilty - 25% discount - rehabilitation - good clinical response to treatment - supportive family - purpose of sentence - mental health condition reduces moral culpability and reduces significance of general deterrence - community protected by offender's continued treatment in custody and within community upon release - sentencing orders - juvenile sentenced according to law - extraordinarily short non-parole period - sentencing procedure - no conviction recorded - victim impact statement.
Legislation Cited:	Children (Criminal Proceedings) Act 1987 (NSW) ss 6, 17.
Category:	Sentence
Parties:	Regina (Crown) Darin Jasper (offender)
Representation:	Counsel: P Winch (offender) Solicitor: K Stanley, Office of the Director of Public Prosecutions (Crown)
File Number(s):	DC 2013/00036244
Publication restriction:	Pursuant to s15A Children (Criminal Proceedings) Act 1987, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child offender. Identifying information has been removed from this version of the remarks to comply with the statute and the offender's name has been replaced with a pseudonym (which is a colour).