R v Hamilton [2022] NSWDC 508

District Court New South Wales

Medium Neutral Citation: R v Hamilton [2022] NSWDC 508 Hearing dates: 6 October 2022 Date of orders: 6 October 2022 Decision date: 06 October 2022 Jurisdiction: Criminal Before: Grant DCJ Decision: Orders at [60] Catchwords: SENTENCING – cause grievous bodily harm with intent to prevent lawful arrest or detention – victim a police officer – whether the victim was vulnerable by virtue of his employment as a police officer – whether the offending is aggravated because the victim was a police officer – substantial injuries – injuries caused by a single kick – strong subjective case for the offender – no previous convictions – young age of the offender – excellent prospects of rehabilitation – low risk of reoffending – genuine contrition and remorse – first time in custody – special circumstances – only a sentence of full-time imprisonment appropriate Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No. 2 of 2002) [2002] NSWCCA 515 Clarke-Jeffries v R [2019] NSWCCA 56 Kirby v The Queen [2021] NSWCCA 162 Locke v R (2010) 207 A Crim R 34 Ollis v R [2011] NSWCCA 155 R v MAK (2006) 167 A Crim R 159 R v Mitchell; R v Gallagher [2007] NSWCCA 296 R v Moon [2000] NSWCCA 534 Category: Sentence Parties: Rex (Crown) Jacob James Hamilton (Offender) Representation: Counsel: Mr P Kerr (Crown) Mr D Bhutani (Offender)