The Queen v Wayne Christopher Price

[2015] ACTSC 324

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

The Queen v Wayne Christopher Price

Citation:

[2015] ACTSC 324

Hearing Date(s):

21 October 2015

DecisionDate:

23 October 2015

Before:

Robinson AJ

Decision:

See [30].

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – particular offences – cause grievous bodily harm – plea of guilty – offending in response to provocation

Legislation Cited:

Crimes Act 1900 (ACT), s 25

Cases Cited:

R v Trevenna [2004] NSWCCA 43

Zecevic v Director of Public Prosecutions (1987) 162 CLR 645

Parties:

The Queen (Crown)

Wayne Christopher Price (Offender)

Representation:

Counsel

Mr K Lee (Crown)

Ms S Saikal (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number(s):

SCC 11 of 2015

ROBINSON AJ:

Background

1. The offender, Wayne Christopher Price, stands for sentence in relation to one count of causing grievous bodily harm in contravention of s 25 of the Crimes Act 1900. This offence carries a maximum penalty of 5 years of imprisonment.

1. The offender pleaded guilty to this charge on arraignment before Chief Justice Murrell on 26 August 2015.

The Offence

1. According to the agreed statement of facts tendered by the Crown, the complainant, Stephen Jones, who had been a friend of the offender’s for a number of years, and a woman, Heather Prindable, attended the offender’s home on the afternoon of 21 August 2014. After some time the complainant left the offender’s home, leaving the offender alone with Ms Prindable.

1. A short time later the complainant returned to the offender’s home in an agitated and intoxicated state. The complainant then initiated an argument with the offender. During the course of this argument the complainant punched the offender a number of times. The offender was able to block most of these punches, however he was struck in the head a number of times. During the argument the complainant produced a 14-inch hunting knife, with which he threatened to cut the offender’s throat. The complainant waved the knife in the air and made stabbing motions. This argument continued for a period of approximately 15-20 minutes.

1. Ms Prindable was present during the initial stages of the argument, however at some point she became scared of the complainant and retreated to a bedroom, leaving the offender and the complainant alone.

1. At some point during the altercation Mr Jones dropped the knife and said “you take the knife. You take the fucking knife”, before sitting down. The offender then picked up the knife and threw it into bushes outside his home. When the offender re-entered his home Mr Jones said “Go get the fucking knife, so I can put it back in my sheath”. The offender then went to retrieve the knife from where he had discarded it, suggesting to Mr Jones that he get a beer to settle himself down.

1. Mr Jones walked to the offender’s kitchen to retrieve a beer. At this time the offender went to his front door and picked up a black aluminium baseball bat. He then entered…