R v Ngata

[2020] ACTSC 9

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Ngata

Citation:

[2020] ACTSC 9

Hearing Date:

28 January 2020

DecisionDate:

30 January 2020

Before:

Mossop J

Decision:

See [62]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – common assault – recklessly inflict grievous bodily harm – early pleas of guilty – offending in higher range of objective seriousness – offender a trained boxer – strong evidence of remorse – no criminal history – risk of deportation – full-time imprisonment onerous upon the offender’s family – partially suspended sentence imposed – good behaviour order

Legislation Cited:

Crimes Act 1900 (ACT), ss 20, 26

Crimes (Sentence Administration) Act 2005 (ACT)

Cases Cited:

R v Amosa [2015] ACTSC 34

R v Butters [2019] ACTSC 143
R v Chapman [2018] ACTSC 57
R v Hidic [2017] ACTSC 307

R v Verdins [2007] VSCA 102; 16 VR 269

Parties:

The Queen (Crown)

Ilaisa-Taka-I-Monu Ngata (Offender)

Representation:

Counsel

 J Hiscox (Crown)

 J Purnell SC (Offender)

Solicitors

ACT DPP (Crown)

Aulich Criminal Law (Offender)

File Number:

SCC 232 of 2019

Mossop J:

Introduction

1. Ilaisa-Taka-I-Monu Ngata, also known as Elijah Ngata (the offender), has pleaded guilty in the Magistrates Court to the following indictable offence: one count of recklessly inflicting grievous bodily harm contrary to s 20 of the Crimes Act 1900 (ACT), the maximum penalty being 13 years’ imprisonment (CC2019/6335).

1. The offender also pleaded guilty to the following related summary offence: one count of common assault contrary to s 26 of the Crimes Act, the maximum penalty being two years’ imprisonment (SCCAN2020/5).

Facts

1. Both offences occurred during the early hours of Sunday, 19 May 2019. The offender was at the Monkey Bar nightclub in Canberra.  Prior to attending the nightclub he had drunk one litre of vodka.

Common assault charge

1. At approximately 2.54am the offender was standing at the top of the staircase in the nightclub and began to have a verbal argument with the victim of the common assault, who I will refer to as OU. Despite security staff attempting to intervene, and OU standing with his arms by his side, the offender punched OU on the right side of his face with a closed fist. This caused OU to fall onto the security staff, who moved him to the top of the staircase. OU began to walk down the stairs but then collapsed and slid halfway down, before standing up and walking down the rest of the stairs to exit the nightclub. The offender’s actions inside the Monkey Bar nightclub were caught on closed circuit television (CCTV) footage.

Recklessly inflict grievous bodily harm charge

1. The offender then followed OU downstairs and out of the nightclub, as did security staff and a number of other unknown males.

1. As he exited the nightclub, OU was grabbed from behind by an unknown male.  The victim of the offence of recklessly inflicting grievous bodily harm, who I will refer to as BL, was standing outside the entrance…