R v McLaughlin

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v McLaughlin

Citation:

[2015] ACTSC 201

Hearing Date(s):

5 June 2015; 3 July 2015

DecisionDate:

16 July 2015

Before:

Burns J

Decision:

See [47]-[51]

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – particular offences – common assault – assault occasioning actual bodily harm – resisting a public official – contravening a protection order.

Parties:

The Queen (Crown)

Cameron McLaughlin (Offender)

Representation:

Counsel

Mr D Sahu Khan (Crown)

Mr J Maher (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi Law (Offender)

File Number(s):

SCC 38 of 2015

BURNS J:

1. Cameron McLaughlin, you have pleaded guilty to two offences of common assault, one offence of assault occasioning actual bodily harm, one offence of resisting a public official and one offence of contravening a protection order.  The maximum penalty for the offence of common assault is two years' imprisonment.  The maximum penalty for the offence of assault occasioning actual bodily harm is five years' imprisonment.  The maximum penalty for the offence of resisting a public official is two years' imprisonment, 250 penalty units or both.  The maximum penalty for the offence of contravening a protection order is five years' imprisonment.

The 30 December 2014 offences

1. The two offences of common assault, the offence of assault occasioning actual bodily harm and the offence of resisting a public official all occurred on 30 December 2014.  At about 7 pm on that day, the victim, who was your wife, was at your common matrimonial home in McKellar with your two children, who at that time were aged three and one year old.  You were heard to return and sit on the outside porch of the house.  A short time later you attempted to walk inside the house.  As you opened the door of the house your dogs walked in front of you, causing you to trip.  You became angry and began kicking the dogs. Your wife said to you, “Calm down, stop kicking the dogs you’re scaring the kids”.  You turned to your wife and punched her once in the stomach with your right hand with a clenched fist and walked out the front door of the house.  Your wife fell to the ground winded.  She cried and tried to catch her breath. I note that the act of punching your wife was the first offence of common assault.   

1. About 10 minutes later, you came back inside the house and had a conversation with your wife in the kitchen, in which you said that you had not tried to hit her, but you were trying to hit the dog.  A further conversation occurred and then you admitted that you had intended to punch her, but that it was a “snap thing”, and you did not mean to hit her that hard.  There was then a conversation about your previous exposure to family violence and your wife said, “You grew up watching your dad hit your mum and now you think it’s okay to…