R v Rowe
[2018] ACTSC 381
•3 October 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Rowe |
Citation: | [2018] ACTSC 381 |
Hearing Dates: | 30 July; 3 October 2018 |
DecisionDate: | 3 October 2018 |
Before: | Burns J |
Decision: | See [14]–[17] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – recklessly inflicting grievous bodily harm – common assault – pleas of guilty – consideration of alcohol abuse – consideration of intensive correction order |
Legislation Cited: | Crimes Act 1900 (ACT) ss 20 and 26 |
Parties: | The Queen (Crown) Christopher Adam Rowe (Offender) |
Representation: | Counsel P Dixon (Crown) A Fraser (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Armstrong Legal (Offender) | |
File Numbers: | SCC 86 of 2018; SCC 87 of 2018 |
BURNS J:
Christopher Rowe, you have entered pleas of guilty in relation to two offences, one being a charge of recklessly inflicting grievous bodily harm contrary to s 20 of the Crimes Act 1900 (ACT) (the Crimes Act) for which the maximum penalty is
13 years' imprisonment.
The second offence is one of common assault contrary to s 26 of the Crimes Act for which the maximum penalty is two years' imprisonment.
A comprehensive Statement of Facts was tendered on the last occasion. Suffice it to say that you took offence at something that occurred outside of the Rose Cottage Inn, ACT, in the early hours of the morning of 26 November 2016. At that time, the victims walked past the area in which you were standing with your acquaintances and the right side of one of the victim’s upper bodies made contact with your upper right back area.
It appears that that contact was not particularly substantial because it did not cause you to lose your footing and you remained steady on your feet. You took offence at what had occurred and accused the victim of having dropped his shoulder into you.
You subsequently attacked him although there were attempts by your acquaintances to try to restrain you. You broke free and punched the victim to the head. The victim's friend, A, turned and saw the victim on the ground and then he also was punched by you.
The first victim, B, suffered serious injuries. He suffered fractures to the left side of his face which required an operation to repair. On 4 December, B was re-admitted to hospital and underwent an operation under general anaesthetic to repair the fractures. That procedure required an open reduction and the internal fixation of four metal plates and 16 screws to the eye socket, cheekbone and nose.
It does not appear that any injuries were occasioned to A.
Consideration
You were intoxicated at the time that you committed these offences. You have a previous criminal history which includes convictions for offences of assault in 2011 and 2007. In addition, [redacted] and in 2008 you were convicted of an offence of fighting in a public place.
It is fairly clear to me from the material which has been put before me that when you are intoxicated you have a tendency to become violent. The material before me, both by way of a Pre-Sentence Report and also an assessment for an
Intensive Correction Order, refers to you having a tendency to have difficulty controlling your anger when you are intoxicated.
I know that you are now 29 years of age; that you are employed, you are a qualified carpenter and clearly you are capable of supporting yourself and you do so. The reports before me note that your use of alcohol has been problematic and, in particular, you have a tendency to binge drink.
It is heartening to note that you have apparently reduced your consumption of alcohol and significantly so since the commission of this offence. The drug and alcohol testing imposed during the assessment for the Intensive Correction Order have all returned negative results.
In my opinion, a sentence of imprisonment is appropriate with respect to the offence of recklessly inflicting grievous bodily harm. I am prepared, on the basis of the assessment for the Intensive Correction Order, to order that you serve the sentence of imprisonment that I am to impose by way of an Intensive Correction Order. You should be aware of the fact that if you do not comply with the terms of the
Intensive Correction Order you will be immediately sent to prison to serve out the sentence which I am going to impose.
I take into account your early pleas of guilty with respect to these charges. I note that you entered pleas of guilty in the ACT Magistrates Court and that you were committed for sentence to this Court. I will reduce by approximately 25 per cent the sentences that I would otherwise have imposed in order to reflect your early pleas of guilty.
Sentence
You will be convicted of the offence of recklessly inflicting grievous bodily harm
(CC 18/5318) and you will be sentenced to 15 months' imprisonment, which I have reduced from 20 months in order to reflect your plea of guilty on that charge.
I order that that is to be served by way of Intensive Correction Order. I impose the following conditions:
· you are not to consume alcohol;
· you are to reside at the premises of your father and stepmother, and you are to reside at those premises or as otherwise directed by the Director General or that person's delegate;
· you are to be present at the premises where you are directed to reside from 10 pm each evening until 5 am the following morning;
· you are further to undertake anger management and emotional regulation counselling and counselling in relation to alcohol abuse as directed by the Director General or that person's delegate.
With regard to the offence of common assault (CC 18/5319), I record a conviction and you will be fined $750, which I have reduced from $1,000 in order to reflect your plea of guilty. I will grant three months to pay.
[Speaking directly to offender]
Mr Rowe, this really is the last opportunity that you have to do something about dealing with any anger management issues and, in particular, issues that arise from your excessive use of alcohol. If you breach the orders which I have made in relation to the charge of recklessly inflicting grievous bodily harm, then you are going to go to prison. If you commit any further offences of violence in the foreseeable future, you will go to prison.
| I certify that the preceding seventeen [17] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: |
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