SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Sharma |
Citation: | [2016] ACTSC 180 |
Hearing Date: | 21 July 2016 |
DecisionDate: | 22 July |
Before: | Elkaim J |
Decision: | See [39] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – offences against the person – recklessly inflict grievous bodily harm – guilty plea – ‘one punch’ attack – offender intoxicated – good prospects of rehabilitation – sentence of full-time imprisonment imposed – partially suspended |
Legislation Cited: | Crimes Act 1900 (ACT), s 20, Crimes (Sentencing) Act 2005 (ACT), ss 6, 7, 10, 33(1)(za) |
Cases Cited: | R v Loveridge [2014] NSWCCA 20 R v Mills [1998] 4 VR 235 R v Neish [2013] ACTSC, Refshauge J, 24 May 2013 |
Parties: | The Queen (Crown) Jordan Sharma (Offender) |
Representation: | Counsel Mr M Reardon (Crown) Mr R Davies (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) ACT Legal Aid (Offender) | |
File Number(s): | SCC 101 of 2016 |
ELKAIM J:
Introduction
On 26 May 2016 the offender pleaded guilty to the charge of recklessly inflicting grievous bodily harm contrary to s 20 of the Crimes Act 1900 (ACT).
The maximum penalty for this offence is imprisonment of 13 years.
The offence was committed on 1 January 2016.
The plea of guilty was taken following the committal of the offender to the Supreme Court for trial and when the matter was listed before the Registrar for directions.
The offender has no previous convictions.
Background facts
The offence occurred during what may be described as New Year’s Eve celebrations. In the early hours of 1 January 2016, the offender was standing outside a convenience store in the suburb of Braddon. He was with a Mr Seears and a Mr Gregory.
The offender was well intoxicated. A verbal argument had developed involving the three men. Mr Gregory was standing still with his hands in his pockets.
The offender, no doubt fuelled with the bravado generated by his alcohol consumption, threw a punch with his right fist which struck the right side of Mr Gregory’s jaw. Mr Gregory did not give the offender permission to strike him.
When the punch was thrown, Mr Gregory was not looking at the offender. Mr Gregory was knocked unconscious. He fell to the ground where he hit the left side of his head.
Following Mr Gregory falling to the ground, the offender and Mr Seears walked away. They did not render any assistance to Mr Gregory.
The incident was recorded on CCTV. The footage graphically depicts the nature of the attack.
The CCTV footage was distributed by the police in the course of their efforts to locate the offender. The distribution was widespread and evidently reported to or seen by the offender.
At about 2:25 PM, on the same day as the CCTV posting, the offender attended the city police station where he identified himself as the person carrying out the assault in the CCTV footage.
As…
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- AGLC
- R v Sharma [2016] ACTSC 180
- Case
- [2016] ACTSC 180
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CaseChat Overview and Summary
The court considered a range of factors in its sentencing deliberations. It assessed the nature and circumstances of the offence, including the fact that the attack was premeditated and violent, and that it resulted in significant harm to the victim. The court also took into account Sharma's intoxication, which impaired his judgment but did not absolve him of responsibility. Additionally, the court weighed Sharma's prospects for rehabilitation, noting that he had shown remorse and had good potential for reintegration into society if given the opportunity. The court concluded that while imprisonment was necessary to reflect the seriousness of the offence, it could be partially suspended to facilitate Sharma's rehabilitation. The court imposed a sentence of full-time imprisonment, which was partially suspended, allowing Sharma to serve part of his sentence in the community under supervision.
The court's reasoning and the sentence imposed reflect a balanced approach, taking into consideration the gravity of the offence, the mitigating circumstances, and Sharma's potential for rehabilitation. The court's decision underscores the importance of proportionality in sentencing, ensuring that the punishment fits the crime while also providing an opportunity for the offender to reform. The orders of the court, as detailed in paragraph [39], provide the specific details of the sentence, including the period of full-time imprisonment and the conditions of the suspended sentence.
Orders
Orders of the court
See [39]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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