Citation: Regina v Jason Glen Hammond [2006] NSWDC 75
Court: District Court of New South Wales
Date: 30 June 2006
Judge(s): Nicholson SC DCJ
Background
Police were called to a residential address in Gulargambone on 13 November 2005 in response to a reported domestic violence incident. The offender was already subject to bail conditions prohibiting contact with his partner, and officers attended to arrest him for breach of bail.
During the arrest, the offender resisted, struggled with officers, and bit one constable twice on the arm, causing bleeding and deep marks. He also spat in the direction of a second officer, though no saliva made contact. These events gave rise to one indictable charge of assaulting police occasioning actual bodily harm, along with three back-up summary offences including resisting police and further assault.
At sentencing, the offender had already spent approximately seven months and eighteen days in custody. He was 27 years old, had a prior record including offences of assault and drug and alcohol related matters, and had the support of his family. His willingness to enter a full-time drug and alcohol rehabilitation program was a significant factor in the sentencing outcome.
Legal Issues
- What sentence was appropriate for assault occasioning actual bodily harm on a police officer in the execution of duty, taking into account the circumstances of the offence and the offender's personal background?
- Whether a suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act 1999 was appropriate given the offender's criminal history, time already served, and expressed willingness to undertake rehabilitation.
- How to deal with the back-up summary offences alongside the principal indictable charge.
- What conditions should attach to any good behaviour bond, particularly regarding rehabilitation, supervision, and post-release counselling.
Decision
The court treated the offending as objectively serious. Nicholson SC DCJ observed that assaulting police interferes with the administration of criminal justice at its core, noting that officers do not choose to attend domestic violence calls and are entitled to protection. The biting of an officer was noted as particularly significant given the real and well-founded fear of disease transmission through saliva contact, a concern the court acknowledged is keenly felt by those with custodial experience.
Aggravating factors included the offender's prior record for assault, the fact that the offending occurred in breach of both bail and a bond, and his history of drug and alcohol misuse. The court acknowledged that breaching bail or a bond undermines the understanding on which release is granted, and treated that as a personal affront to the court warranting additional weight in sentencing.
Notwithstanding these factors, the offender's willingness to undertake the Glen Alcohol and Other Drug Rehabilitation Centre program at Chittaway Point was described as instrumental to the sentencing approach adopted. The court imposed a nine-month term of imprisonment, suspended under section 12 of the Crimes (Sentencing Procedure) Act 1999 upon entry into a good behaviour bond for the same period. Credit was given for the seven months and eighteen days already served in custody.
The summary offences were dealt with separately under section 166 of the Criminal Procedure Act 1986, with a period of imprisonment backdated to the date of arrest and deemed to have expired the day before judgment.
Orders Made
- The offender was convicted of all four offences (one indictable and three summary charges).
- For the summary offences: a period of imprisonment backdated to 13 November 2005 and expiring 29 June 2006, deemed already served.
- For the indictable offence: nine months imprisonment, suspended under section 12 of the Crimes (Sentencing Procedure) Act 1999, conditional on entry into a nine-month good behaviour bond commencing 30 June 2006.
- Bond conditions included:
- Attendance at The Glen Centre, Chittaway Point, between 9am and 12 noon on 4 July 2006.
- Compliance with all reasonable directions of the centre's manager while in residence.
- Not to leave The Glen without the manager's authorisation.
- Supervision by the Probation and Parole Service for nine months, with notification to the court if the offender departed without authorisation.
- Participation in programs addressing drug and alcohol use, domestic violence, and anger management as directed by Probation and Parole upon release.
- The offender was released from custody subject to entry into the bond.
Key Takeaways
- Assaulting police in the execution of their duty was characterised by the District Court as an interference with the administration of criminal justice, warranting courts' active support for officers seeking protection through the sentencing process.
- Where an offender commits offences while on bail or subject to a bond, the court treated that breach as an aggravating factor, reflecting the implicit understanding between the court and the offender on which release is premised.
- A genuine and concrete commitment to full-time residential rehabilitation can be instrumental in persuading a sentencing court to suspend a term of imprisonment rather than require its immediate service, even where prior criminality and aggravating circumstances exist.
- Time already served in pre-sentence custody was taken into account in framing the final sentence, with the summary offences handled by backdating the relevant period of imprisonment to the date of arrest.
- Under section 12 of the Crimes (Sentencing Procedure) Act 1999, a suspended sentence may be accompanied by detailed bond conditions tailored to the specific rehabilitation and supervision needs identified in the individual case.
Legislation and Cases Referenced
Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), section 12 (suspended sentences)
- Criminal Procedure Act 1986 (NSW), section 166 (dealing with back-up offences)
Cases cited: None cited in the judgment.