R v Grogan [2013] NSWSC 1643

Supreme Court New South Wales

Medium Neutral Citation: R v Grogan [2013] NSWSC 1643 Hearing dates: 8 November 2013 Decision date: 08 November 2013 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Imprisonment for 24 years with a non-parole period of 18 years Catchwords: CRIMINAL LAW - sentencing - murder - single punch - intent to cause grievous bodily harm - seriousness aggravated by victim being elderly and offence occurring in victim's home - conviction after trial - importance of general deterrence - few favourable subjective circumstances of offender Legislation Cited: Crimes Act 1900 (NSW) Category: Sentence Parties: Regina Jason Mark Grogan Representation: Counsel: Mr L Carr (Crown) Mr C Smith (Offender) Solicitors: Solicitor for Public Prosecutions Barraclough Jones & Associates File Number(s): 2012/17224

Judgment 1HIS HONOUR: Jason Mark Grogan ("the offender") stands for sentence for the crime of murder. On 10 January 2012 at Gloucester, he seriously assaulted a 72 year old man, Mr Alan Henry. Mr Henry suffered significant brain damage, was hospitalised, and sadly died on 19 April 2012. The offender was found guilty by a jury in a trial at Port Macquarie last August. 2The crime of murder is punishable by a maximum penalty of imprisonment for life. There is a standard non-parole period of 20 years. It has not been suggested that this is a case where the maximum penalty should be imposed. But it, and the standard non-parole period, are relevant as guideposts to be considered alongside all of the facts and circumstances of the case.