R v Pumpa

[2014] ACTSC 223

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Pumpa

Citation:

[2014] ACTSC 223

Hearing Date:

1, 4 August 2014

DecisionDate:

22 August 2014

Before:

Penfold J

Decision:

See [33] to [37] below

Category:

Sentence

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – 19-year-old offender to be sentenced for recklessly inflicting grievous bodily harm – prior conviction for “one punch” assault – effect of parents’ divorce and mother’s mental illness and substance abuse – offender’s insight into causes of offending and recent abstention from alcohol – report from psychologist – depression – risk of imprisonment without proper treatment – sentence of imprisonment necessary – need to weigh deterrence, denunciation and protection of community against community’s interest in rehabilitation of young man – sentence of imprisonment for two years and eight months – first 12 months of sentence to be served as periodic detention and remainder suspended.

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Cases Cited:

Carberry v The Queen [2013] ACTCA 20

R v Daniel Byrne [2014] ACTSC, Murrell CJ, 3 February 2014
R v Donal Brian Murray [2012] ACTSC, Higgins CJ, 26 March 2012
R v JS [2013] ACTSC, Nield AJ, 24 July 2013
R v Loveridge [2014] NSWCCA 120
R v Malcolm D’Aquino [2010] ACTSC, Refshauge J, 9 June 2010

R v Neish [2013] ACTSC, Refshauge J, 24 May 2013

Parties:

The Queen (Crown)

Tyran Pumpa (Offender)

Representation:

Counsel

Mr K Lee (Crown)

Mr R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 11 of 2014

1. Tyran Pumpa has pleaded guilty to one charge of recklessly inflicting grievous bodily harm, an offence which arises under s 20 of the Crimes Act 1900 (ACT) and carries a maximum penalty including imprisonment for 13 years (that penalty was increased in 2011 from 10 years imprisonment).

1. The offence was committed shortly after 1.00 am on 8 March 2013, on London Circuit outside Mooseheads.  The complainant left Mooseheads with a friend and walked across London Circuit towards the car park. As they crossed the road they engaged with another group of young men, apparently over a comment made about the complainant’s friend’s tattoo. Mr Pumpa followed the complainant and his friends and, with a closed fist, punched the complainant on the left side of his face.  The complainant lost consciousness and fell to the ground.  The police and an ambulance were called, and the complainant was taken to hospital.  He had suffered various injuries including:

(a)a fractured skull;

(b)a left-sided extra-axial haemorrhage in the left parieto-occipital region;

(c)a fracture of the right occipital bone;

(d)a ruptured left ear drum and left haemotympanum; and

(e)a temporal pole haematoma.

1. The medical evidence is that the complainant’s head injuries were very serious, and might have permanent or long-lasting consequences, including an increased risk of dementia, ongoing hearing difficulties, pain and possibly psychological problems arising from the trauma of the incident. Some of those consequences may only become apparent…