R v Perry (a pseudonym)

[2018] ACTSC 299

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Perry (a pseudonym)

Citation:

[2018] ACTSC 299

Hearing Date:

22 October 2018

DecisionDate:

22 October 2018

Before:

Murrell CJ

Decision:

For threat to kill, three years’ imprisonment.

For unlawfully inflicting grievous bodily harm, 30 months’ imprisonment.

For assault occasioning actual bodily harm, 18 months’ imprisonment.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – offence against a corrections officer – offences by a prisoner – special circumstances - sentencing purposes – punishment – denunciation – good prospects of rehabilitation - accountability

Legislation Cited:

Crimes Act 1900 (ACT) ss 24, 25 and 30

Crimes (Sentencing) Act 2005 (ACT) ss 72(2) and 72(3)

Parties:

The Queen (Crown)

Tom Perry (a pseudonym) (Offender)

Representation:

Counsel

Mr A Williamson (Crown)

Mr J Masters (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Marjason and Marjason Solicitors (Offender)

File Number:

SCC 229 of 2017

Murrell CJ:

1. On 24 July 2018, a jury found that the offender was guilty of the following offences:

(a)Threaten to kill Marshall Steen, being reckless as to whether Mr Steen would fear that the threat would be carried out and in circumstances in which a reasonable person would fear that the threat would be carried out, contrary to s 30 of the Crimes Act 1900 (ACT) (Crimes Act). The maximum penalty is 10 years’ imprisonment;

(b)Unlawfully cause grievous bodily harm to Officer Aristotle Trikas, contrary to s 25 of the Crimes Act. The maximum penalty is five years’ imprisonment;

(c)Assault occasioning actual bodily harm to Officer Edward Wylie, contrary to s 24 of the Crimes Act. The maximum penalty is five years’ imprisonment.

Facts

1. In January 2015, the offender was a sentenced prisoner at the Alexander Maconochie Centre (AMC). He shared a cell with Mr Steen.

1. On 14 or 15 January 2017, the offender use methamphetamine (ice) and developed psychotic symptoms (he “heard” voices and experienced ideas of reference). The offender knew that methamphetamine could cause similar symptoms but was unaware that symptoms could be as extreme as those which overcame him on 15 January 2017.

1. On the morning of 15 January 2017, there was in an incident between the offender and Mr Steen which resulted in Mr Steen activating the cell alarm.  Officers attended the cell.

1. The offender’s behaviour became more agitated.

1. The offender was asked to place his hands through the cell hatch to be handcuffed. The offender placed his hands through the hatch, but withdrew them after only one hand had been cuffed.

1. The offender started punching Mr Steen.  The offender threatened to kill him. He placed the handcuff chain against Mr Steen’s throat.

1. The officers decided to enter the cell and remove the offender in order to protect Mr Steen’s safety.

1. When the officers entered the cell, there was a scuffle between the offender and the officers. The offender swung at the officers and attempted to charge through to the cell exit door.

1. Officer Wylie was…