Regina v Jason Glen Hammond

CITATION:	Regina v Jason Glen Hammond [2006] NSWDC 75
HEARING DATE(S):	22/5/06
JUDGMENT DATE:	30 June 2006
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Convicted; Sentenced 9 months imprisonment - suspended - s12 C(SP)A on entry into GBB - conditions applying
CATCHWORDS:	Criminal Law - Sentencing - Assault Police occasioning actual bodily harm. Nature of offence - Police called to domestic violence situation - s12 C(SP)A suspended sentence and good behaviour bond - conditions - full time rehabilitation - back-up charges.
LEGISLATION CITED:	s 12 Crimes (Sentencing Procedure) Act 1999 s 166 of the Criminal Procedure Act 1986.
PARTIES:	Regina Jason Glen Hammond (Offender)
FILE NUMBER(S):	06/61/0059
COUNSEL:	Mr E. Wilson, Public Defender (offender)
SOLICITORS:	Mr. J.A. May (Director of Public Prosecutions) Aboriginal Legal Service (offender)

JUDGMENT

1 HIS HONOUR: Jason Glen Hammond appears before me on one indictable charge, namely assaulting police officer in the execution of duty, and occasioning to that officer, namely Leon Lincoln, actual bodily harm. That offence occurred between 1.45 and 2pm on 13 November 2005.

2 There are a number of back up offences, which were before the Local Court, which I am also asked to deal with. One of them is resisting police between 1.35 and 2pm, namely Senior Constable Matthew Dixon, and another is resisting Senior Constable Leon Lincoln at the same time while each of those officers were in the course of the execution of his duty. There is a further offence of assaulting Matthew Dixon, a police officer, while he was executing his duty.

3 The situation is that the offender was charged on 6 November 2005 with contravening an apprehended domestic violence order. He was refused bail and was before the Local Court, Dubbo, on 7 November 2005. One of the terms of bail given was that he was not to approach or contact Glenda Weldon. At 1:35 on 13 November a number of police attended 41 Munnell Street, Gulargambone in respect of what was said to be a domestic violence incident involving the offender and the said Glenda Weldon.

4 The agreed facts appear to be that she was sitting on the verandah and told police that the offender was inside. They arrested him for being in breach of his bail. They were standing waiting for the offender to grab some belongings and for some reason, unclear to me, Senior Constable Lincoln grabbed the offender by his right arm; Constable Dixon grabbed him by his left. The offender commenced to resist by flexing his arms and demanding that the police let him go. There was a struggle during which the offender’s head hit a broken glass pane. He sustained a small cut. It was at this point, and perhaps because of that, it is hard to know, he bit Constable Lincoln twice on the left arm, once, it is said, leaving deep marks causing the hand to bleed, and there were marks on his left elbow.

5 It should be understood that in this day and age, particularly among…