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R v Thompson, Jordon

R v Thompson, Jordon

Case [2021] NSWDC 590 28 July 2021

Reckless Grievous Bodily Harm

Sentencing

Guilty Plea

Driving Offences

Failure to Stop and Assist

Criminal Law

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District Court

New South Wales

Medium Neutral Citation: R v Thompson, Jordon [2021] NSWDC 590
Hearing dates: 30 April; 9 and 28 July 2021
Date of orders: 28 July 2021
Decision date: 28 July 2021
Jurisdiction: Criminal
Before: P Taylor SC DCJ
Decision:
The offender is convicted of recklessly causing grievous bodily harm.
Taking into account the matters on the Form 1 and after a discount of 25% for the plea of guilty, the offender is sentenced to a period of three years’ and three months’ imprisonment to date from today, 28 July 2021, and to conclude on 27 October 2024, with a non-parole period of 16 months, commencing today, and concluding 27 November 2022.

Catchwords:
SENTENCE – Guilty plea
CRIME — Reckless grievous bodily harm – Accelerated driving when victim partly inside car – Attempt to get away from victim – Victim fell from the car at speed – Victim suffered serious spinal, facial and neurological injuries – Assessment of remorse – Mental health issues
CRIME — Driving offences — Form 1 - Failure to stop and assist after vehicle impact causing grievous bodily harm

Legislation Cited:
Crimes Act 1900, s 35
Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A, s 54A

Cases Cited:
Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146
Brown v R [2014] NSWCCA 215
Campbell-Stephen v Regina [2010] NSWCCA 204
Daniels v R [2016] NSWCCA 35
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
Gillon v Regina [2009] NSWCCA 277
Muldrock v R (2011) 244 CLR 120; [2011] HCA 39
O'Connor v Regina [2011] NSWCCA 161
R v Altaf THAWER [2009] NSWCCA 158
R v Robert Borkowski [2009] NSWCCA 102
Ross v R [2012] NSWCCA 161
The Queen v Olbrich (1999) 199 CLR 270
Weir v Regina [2011] NSWCCA 123

Category: Sentence
Parties: Regina
Jordon Blake Thompson (Offender)
Representation:
Counsel:
Mr C Evans (Crown)
Mr S Lawrence (Offender)
Solicitors:
Director of Public Prosecutions NSW (Crown)
Toomey Defence Lawyers (Offender)

File Number(s): 2020/69548
Publication restriction: None

Judgment

Jordon Thompson pleaded guilty to a charge of recklessly causing grievous bodily harm to Fiona Huang, and comes before the Court for sentence. The statutory maximum penalty for this offence in s 35 of the Crimes Act 1900 is ten years’ imprisonment.
Other offences to be taken into account on the Form 1 are Mr Thompson’s failure to stop and assist Ms Huang following the vehicle impact occasioning grievous bodily harm and not providing details of the driver. The first of these offences is a serious offence carrying a maximum of seven years’ imprisonment.
The maximum penalty is a yardstick that provides some guidance as to the appropriate penalty. In addition, the standard non-parole period of four years is provided in respect of the offence. This is also a guide as to an appropriate penalty for an offence that is in the middle…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Thompson, Jordon

Details

AGLC: R v Thompson, Jordon [2021] NSWDC 590
Case: [2021] NSWDC 590
Decision Date: 28 July 2021

CaseChat Overview and Summary

The case of R v Thompson, Jordon, involved the defendant, Jordon Thompson, being charged with reckless grievous bodily harm and failing to stop and assist after a vehicle impact causing grievous bodily harm. The dispute arose from an incident where Thompson drove off while the victim was partially inside his car, resulting in the victim falling from the moving vehicle at high speed and suffering serious spinal, facial, and neurological injuries. The matter was heard in the relevant court, where Thompson entered a guilty plea for both charges.

The primary legal issues the court had to decide included the appropriate sentence for the offence of reckless grievous bodily harm, taking into account the discount for the guilty plea, and the penalty for the failure to stop and assist charge. The court also needed to consider mitigating factors such as the defendant's expressed remorse and his mental health issues. The court had to weigh these mitigating factors against the severity of the harm caused to the victim.

In determining the sentence, the court considered the severity of the injuries sustained by the victim and the recklessness exhibited by Thompson. The court assessed the level of remorse shown by Thompson and took into account his mental health issues. After applying the 25% discount for the guilty plea, the court sentenced Thompson to a total of three years and three months imprisonment, with a non-parole period of 16 months. The court's decision reflected the need to balance the seriousness of the offences with the mitigating factors presented.

The court ordered that Thompson be imprisoned for three years and three months, with the sentence to commence on 28 July 2021, and conclude on 27 October 2024. The non-parole period of 16 months was to begin on the same date and end on 27 November 2022. This sentence aimed to reflect both the gravity of the offences and the mitigating factors considered during the sentencing process.

Orders

Orders of the court

The offender is convicted of recklessly causing grievous bodily harm.

Taking into account the matters on the Form 1 and after a discount of 25% for the plea of guilty, the offender is sentenced to a period of three years’ and three months’ imprisonment to date from today, 28 July 2021, and to conclude on 27 October 2024, with a non-parole period of 16 months, commencing today, and concluding 27 November 2022.

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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Actions

Citations

R v Thompson, Jordon [2021] NSWDC 590

Cases Citing This Decision

No citing cases yet.

Cases Cited

Daniels v R [2016] NSWCCA 35
Citation 1 (Para 64)

…158. 30. [2009] NSWCCA 277. 31. [2010] NSWCCA 204. 32. [2011] NSWCCA 123. 33. [2011] NSWCCA 161. 34. [2012] NSWCCA 161. 35. [2014] NSWCCA 215. 36. [2016] NSWCCA 35.…
Brown v R [2014] NSWCCA 215
Citation 2 (Para 64)

…re A. 29. [2009] NSWCCA 158. 30. [2009] NSWCCA 277. 31. [2010] NSWCCA 204. 32. [2011] NSWCCA 123. 33. [2011] NSWCCA 161. 34. [2012] NSWCCA 161. 35. [2014] NSWCCA 215. 36. [2016] NSWCCA 35.…
Ross v R [2012] NSWCCA 161
Citation 3 (Para 64)

…jury. 28. MFI 1, Annexure A. 29. [2009] NSWCCA 158. 30. [2009] NSWCCA 277. 31. [2010] NSWCCA 204. 32. [2011] NSWCCA 123. 33. [2011] NSWCCA 161. 34. [2012] NSWCCA 161. 35. [2014] NSWCCA 215. 36. [2016] NSWCCA 35.…
Muldrock v The Queen [2011] HCA 39
Citation 4 (Para 53)

…penalty may weigh more heavily, and the significance of specific deterrence as a factor may be reduced. [25] 24. Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 at [54]. 25. Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 at [177].…
O'Connor v Regina [2011] NSWCCA 161
Citation 5 (Para 64)

…ar or lower level of injury. 28. MFI 1, Annexure A. 29. [2009] NSWCCA 158. 30. [2009] NSWCCA 277. 31. [2010] NSWCCA 204. 32. [2011] NSWCCA 123. 33. [2011] NSWCCA 161. 34. [2012] NSWCCA 161. 35. [2014] NSWCCA 215. 36. [2016] NSWCCA 35.…
Weir v R [2011] NSWCCA 123
Citation 6 (Para 64)

…-Steven were of a similar or lower level of injury. 28. MFI 1, Annexure A. 29. [2009] NSWCCA 158. 30. [2009] NSWCCA 277. 31. [2010] NSWCCA 204. 32. [2011] NSWCCA 123. 33. [2011] NSWCCA 161. 34. [2012] NSWCCA 161. 35. [2014] NSWCCA 215. 36. [2016] NSWCCA 35.…
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Citation 7 (Para 53)

…a factor may be reduced. [25] 24. Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 at [54]. 25. Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 at [177].…
Campbell-Stephen v Regina [2010] NSWCCA 204
Citation 8 (Para 64)

…edule. All but Campbell-Steven were of a similar or lower level of injury. 28. MFI 1, Annexure A. 29. [2009] NSWCCA 158. 30. [2009] NSWCCA 277. 31. [2010] NSWCCA 204. 32. [2011] NSWCCA 123. 33. [2011] NSWCCA 161. 34. [2012] NSWCCA 161. 35. [2014] NSWCCA 215. 36. [2016] NSWCCA 35.…
Gillon v Regina [2009] NSWCCA 277
Citation 9 (Para 64)

…the contents of the schedule. All but Campbell-Steven were of a similar or lower level of injury. 28. MFI 1, Annexure A. 29. [2009] NSWCCA 158. 30. [2009] NSWCCA 277. 31. [2010] NSWCCA 204. 32. [2011] NSWCCA 123. 33. [2011] NSWCCA 161. 34. [2012] NSWCCA 161. 35. [2014] NSWCCA 215. 36. [2016] NSWCCA 35.…
R v Thawer [2009] NSWCCA 158
Citation 10 (Para 64)

…re was no challenge to the contents of the schedule. All but Campbell-Steven were of a similar or lower level of injury. 28. MFI 1, Annexure A. 29. [2009] NSWCCA 158. 30. [2009] NSWCCA 277. 31. [2010] NSWCCA 204. 32. [2011] NSWCCA 123. 33. [2011] NSWCCA 161. 34. [2012] NSWCCA 161. 35. [2014] NSWCCA 215. 36. [2016] N…
R v Robert Borkowski [2009] NSWCCA 102
Citation 11 (Para 4)

…The utilitarian value of Mr Thompson’s early plea of guilty entitles him to a 25% discount on sentence. [2] 2. See R v Robert Borkowski [2009] NSWCCA 102 at [32].…
Re Attorney-General's Application (No 1 of 2002) (NSW) [2002] NSWCCA 518
Citation 12 (Para 62)

…of taking those matters into account. [26] 26. Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146, 148.…
R v Olbrich [1999] HCA 54
Citation 13 (Para 34)

…any, or that even if it were, this matter in the circumstances was properly to be regarded as an aggravating factor. [20] 19. The Queen v Olbrich (1999) 199 CLR 270 at [27]. 20. Crimes (Sentencing Procedure) Act 1999, s 21A(2)(e).…
The Queen v Olbrich [1999] HCA 5418
Citation 14 (Para 34)

…as committed in company, or that even if it were, this matter in the circumstances was properly to be regarded as an aggravating factor. [20] 19. The Queen v Olbrich (1999) 199 CLR 270 at [27]. 20. Crimes (Sentencing Procedure) Act 1999, s 21A(2)(e).…

Legislation Cited

Crimes (Sentencing Procedure) Act 1999 (NSW) 21A(2)(e), 3A, 54A
4 mentions (from Para 3)
Crimes Act 1900 (ACT) 35
2 mentions (from Para 1)

Medium Neutral Citation:	R v Thompson, Jordon [2021] NSWDC 590
Hearing dates:	30 April; 9 and 28 July 2021
Date of orders:	28 July 2021
Decision date:	28 July 2021
Jurisdiction:	Criminal
Before:	P Taylor SC DCJ
Decision:	The offender is convicted of recklessly causing grievous bodily harm. Taking into account the matters on the Form 1 and after a discount of 25% for the plea of guilty, the offender is sentenced to a period of three years’ and three months’ imprisonment to date from today, 28 July 2021, and to conclude on 27 October 2024, with a non-parole period of 16 months, commencing today, and concluding 27 November 2022.
Catchwords:	SENTENCE – Guilty plea CRIME — Reckless grievous bodily harm – Accelerated driving when victim partly inside car – Attempt to get away from victim – Victim fell from the car at speed – Victim suffered serious spinal, facial and neurological injuries – Assessment of remorse – Mental health issues CRIME — Driving offences — Form 1 - Failure to stop and assist after vehicle impact causing grievous bodily harm
Legislation Cited:	Crimes Act 1900, s 35 Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A, s 54A
Cases Cited:	Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Brown v R [2014] NSWCCA 215 Campbell-Stephen v Regina [2010] NSWCCA 204 Daniels v R [2016] NSWCCA 35 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Gillon v Regina [2009] NSWCCA 277 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 O'Connor v Regina [2011] NSWCCA 161 R v Altaf THAWER [2009] NSWCCA 158 R v Robert Borkowski [2009] NSWCCA 102 Ross v R [2012] NSWCCA 161 The Queen v Olbrich (1999) 199 CLR 270 Weir v Regina [2011] NSWCCA 123
Category:	Sentence
Parties:	Regina Jordon Blake Thompson (Offender)
Representation:	Counsel: Mr C Evans (Crown) Mr S Lawrence (Offender) Solicitors: Director of Public Prosecutions NSW (Crown) Toomey Defence Lawyers (Offender)
File Number(s):	2020/69548
Publication restriction:	None