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District Court 7 August 2007

Regina v Patricia Ann Fuller

[2007] NSWDC 354

Assault & violencePublic order & justice offences
CRIMINAL LAW SENTENCE APPEAL ASSAULT POLICE OFFICER OBSTRUCT POLICE ALCOHOL PROBLEM NEED FOR COURTS TO SUPPORT POLICE

Citation: Regina v Patricia Ann Fuller [2007] NSWDC 354
Court: District Court of New South Wales
Date: 7 August 2007
Judge(s): Cogswell SC DCJ

Background

The appellant, Patricia Ann Fuller, was sentenced in the Local Court for two offences arising from an incident on 4 April 2007 at a hotel in Coopernook. She had called police to deal with her de facto partner, but when officers arrived and moved to arrest him, she intervened physically. She held onto her partner, placed herself between him and the officers, and then punched Senior Constable Murray repeatedly in the chest and face before being arrested.

The Local Court magistrate fined Ms Fuller $400 for obstructing a police officer in the execution of duty, and imposed two months full-time imprisonment for assaulting a police officer in the execution of duty. Ms Fuller appealed to the District Court against the imprisonment term only.

The central question before the District Court was how to properly sentence an offender with an alcohol problem who had taken steps toward rehabilitation, but who had committed a serious assault on a police officer.

  • Whether two months full-time imprisonment was an appropriate sentence for the assault offence, having regard to the seriousness of assaulting a police officer
  • What sentencing disposition would appropriately balance general deterrence and the protection of police against Ms Fuller's rehabilitation efforts and personal circumstances
  • Whether a suspended sentence under s 12 of the Crimes (Sentencing Procedure) Act 1999 was the most suitable alternative to full-time custody

Decision

The District Court accepted that the magistrate's sentence of two months full-time imprisonment fell within the available range. Both Parliament and the Court of Criminal Appeal have emphasised that sentencing courts must impose sentences that protect police officers carrying out their duties. The fact that the victim was a police officer is an express statutory aggravating factor under s 21A of the Crimes (Sentencing Procedure) Act 1999.

Despite acknowledging the appropriateness of the original sentence, the court identified three competing factors: the seriousness of the offence and the need to protect police, the desirability of encouraging Ms Fuller's apparent rehabilitation from alcohol dependence, and her criminal history showing prior bonds, some of which had been breached. The court noted that periodic detention was unavailable due to Ms Fuller's geographic circumstances and reliance on public transport.

The court considered three alternative sentencing options: a further bond, a community service order, and a suspended sentence. A further bond was rejected as inadequate, given the seriousness of the offence and Ms Fuller's history of breaching bonds. A community service order was seen as proportionate but would not allow for supervised rehabilitation support.

A suspended sentence was preferred because it both reflected the gravity of assaulting a police officer and allowed the court to impose supervision, including a condition requiring participation in alcohol rehabilitation programs recommended by the Probation and Parole Service.

Orders Made

  • Appeal allowed
  • Sentence imposed by the Local Court magistrate set aside
  • Two months imprisonment imposed
  • Execution of the sentence suspended in full for the two-month term, pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999
  • Ms Fuller released on condition that she enter into a good behaviour bond for two months, with a condition requiring participation in alcohol rehabilitation programs as recommended by the Probation and Parole Service
  • Sentence commenced 7 August 2007, expiring 6 October 2007

Key Takeaways

  • The District Court confirmed that a sentence of full-time imprisonment for assaulting a police officer in the execution of duty falls within the available range, and that sentencing courts carry a clear responsibility to reflect the importance of protecting police through their sentencing decisions.
  • Under s 21A of the Crimes (Sentencing Procedure) Act 1999, the fact that the victim of an assault is a police officer is a statutory aggravating factor that must be taken into account in sentencing.
  • A suspended sentence under s 12 of the Crimes (Sentencing Procedure) Act 1999 can serve the dual purpose of marking the seriousness of an offence while also enabling conditions that support an offender's rehabilitation, particularly where supervision is considered necessary.
  • Where an offender has a history of breaching good behaviour bonds, a further unsupervised bond may be regarded as an inadequate sentencing response, even if rehabilitation is a significant consideration.
  • Genuine and recent efforts toward rehabilitation, such as ceasing alcohol consumption following an offence, may be treated as a mitigating factor relevant to the choice between otherwise equivalent sentencing options.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 60 (assault of police officer in execution of duty)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 12 (suspended sentences), 21A (aggravating and mitigating factors)
- Crimes (Appeal and Review) Act 2001 (NSW), s 20(2)

Cases: No specific cases were cited in the judgment, though the court referred generally to the Court of Criminal Appeal's guidance on sentencing for assaults on police officers.