Regina v Michael Dean Hamilton [2007] NSWDC 350

New South Wales District Court

CITATION: Regina v Michael Dean Hamilton [2007] NSWDC 350

HEARING DATE(S): 28 November 2007

JUDGMENT DATE: 28 November 2007

JURISDICTION: District Court of NSW

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Appeal allowed. 9 months imprisonment suspended on the condition that the appelllant enter into a bond under s12 of the Crimes (Sentencing Procedure) Act 1999.

CATCHWORDS: Criminal law - Sentence appeal - Assault occasioning actual bodily harm - On conditional liberty at time of offence - Youth - Bipolar disorder - Time in custody - Remorse - Good chararcter - Guilty plea

LEGISLATION CITED: s59(1) Crimes Act 1900 ss 5, 12 Crimes (Sentencing Procedure) Act 1999

PARTIES: Regina Michael Dean Hamilton

FILE NUMBER(S): 07/52/0158

SOLICITORS: Mr O'Connor for the appellant Ms Mudge for the DPP

SENTENCE

1. On the afternoon of Monday, 27 November 2006, Michael Hamilton had been drinking. He was drunk and stressed. He came upon Brendan Meares in the street. Mr Hamilton was in a car. For some reason, they started arguing. Mr Hamilton, having grabbed Mr Meares by the scruff of the neck yelling, "What is your fucking problem?", punched Mr Meares with his right fist to the left temple area. The stunned Mr Meares was standing there when Mr Hamilton repeated the assault, this time punching him in the face causing his nose to bleed.

2. Mr Hamilton came before the Local Court charged with assault occasioning actual bodily harm. This is an offence contrary to s 59(1) of the Crimes Act 1900 . The learned magistrate took a dim view of what had happened. He sentenced Mr Hamilton to 9 months imprisonment with a non-parole period of 6 months. I can understand that sentence because Mr Hamilton has been before the Courts before.