Regina v Jason Glen Hammond [2006] NSWDC 75

Regina v Jason Glen Hammond [2006] NSWDC 75

The offender was convicted of all four offences. Although assaulting police occasioning actual bodily harm was objectively serious and aggravated by prior offending and possible breach of bail or bond, the court took account of the seven months and eighteen days already served, the offender's family support, drug and alcohol problems, and willingness to enter full-time rehabilitation. A nine month sentence for the indictable offence was suspended under a good behaviour bond with rehabilitation and supervision conditions, and the summary offences were sentenced to time already served.

Jurisdiction
Australia
Judgment Date
30 June 2006
Procedural Posture
Criminal Law Sentencing / Sentence After Committal for Sentence
Outcome
Convicted; sentenced to 9 months imprisonment for the indictable offence, suspended on entry into a 9 month good behaviour bond with conditions; summary offences sentenced to time already served and release ordered subject to entering the bond.
Legal Topics
['assault Police Occasioning Actual Bodily Harm' 'resisting Police' 'domestic Violence Context' 'suspended Sentence' 'good Behaviour Bond' 'drug and Alcohol Rehabilitation']
['criminal Law' 'sentencing'] ['assault Police Occasioning Actual Bodily Harm' 'resisting Police' 'domestic Violence Context' 'suspended Sentence' 'good Behaviour Bond' 'drug and Alcohol Rehabilitation']

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Procedural Posture

Criminal Law Sentencing / Sentence After Committal for Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for assaulting a police officer in the execution of duty occasioning actual bodily harm.' 'How to deal with backup summary offences of resisting police and assaulting police.' 'Whether a suspended sentence with a good behaviour bond and rehabilitation conditions was appropriate in light of time already served, prior record, possible breach of bail or bond, family support, and willingness to attend rehabilitation.']

Ratio Decidendi

The offender was convicted of all four offences. Although assaulting police occasioning actual bodily harm was objectively serious and aggravated by prior offending and possible breach of bail or bond, the court took account of the seven months and eighteen days already served, the offender's family support, drug and alcohol problems, and willingness to enter full-time rehabilitation. A nine month sentence for the indictable offence was suspended under a good behaviour bond with rehabilitation and supervision conditions, and the summary offences were sentenced to time already served.

Court Disposition

Convicted; sentenced to 9 months imprisonment for the indictable offence, suspended on entry into a 9 month good behaviour bond with conditions; summary offences sentenced to time already served and release ordered subject to entering the bond.

Orders

  • ['The offender was convicted of all four offences.' 'For the summary offences, the offender was sentenced to imprisonment commencing on 13 November 2005 and expiring on 29 June 2006.' 'For the indictable offence, the offender was sentenced to nine months imprisonment, with the operation of the sentence suspended for...