R v Jason Mark Grogan [2017] NSWSC 378

Supreme Court New South Wales

Medium Neutral Citation: R v Jason Mark Grogan [2017] NSWSC 378 Hearing dates: 31 March 2017 Decision date: 13 April 2017 Before: Hidden AJ Decision: Sentenced to imprisonment for 9 ½ years, non-parole period 6 ½ years, from 17 May 2012. Catchwords: CRIMINAL LAW – Sentence – manslaughter by punching – plea of guilty – originally charged with murder – offer to plead guilty to manslaughter rejected – convicted of murder – conviction set aside on appeal and new trial on manslaughter ordered Cases Cited: Grogan v R [2016] NSWCCA 168 Lambadadis v R [2016] NSWCCA 117 R v Dyer [2014] NSWSC 1809 R v Grogan [2013] NSWSC 1643 R v Halloun [2014] NSWSC 1705 R v Loveridge [2014] NSWCCA 120, 243 ACrimR 31 R v Matthews [2015] NSWSC 49 R v McNeil (No 4) [2015] NSWSC 198 R v Wood [2014] NSWCCA 184 Category: Sentence Parties: Regina Jason Mark Grogan (Offender) Representation: Counsel: Crown – Mr T Thorpe Offender – Mr P McGrath SC

Solicitors: Crown – Director of Public Prosecutions Offender – Legal Aid Commission File Number(s): 2012/17224

SENTENCE 1. HIDDEN AJ: The offender, Jason Mark Grogan, has pleaded guilty to the manslaughter of Alan Henry at Gloucester on 19 April 2012. I received an agreed statement of facts, which I shall summarise.

Facts 1. The deceased, Mr Henry, was a 72 year old widower who lived alone in a house in Gregson Street, Gloucester. In early 2011 he became acquainted with Ms Natasha Slacke, who became his part time carer. The offender was her boyfriend, and they lived at Port Stephens. Initially the three of them socialised from time to time, but later there was a falling out between Mr Henry and the offender. What caused this is unclear. Ms Slacke continued to visit Mr Henry but the offender was not welcome. 2. On 10 January 2012, the offender and Ms Slacke travelled to Gloucester for her to visit Mr Henry. In the late afternoon they were at a service station close to Mr Henry's home, and were seen to be engaged in a very heated argument. The offender's state of mind was one of agitation, anger and aggression. The altercation was such that bystanders were prompted to intervene out of concern that he might harm Ms Slacke. The situation was brought under control and Ms Slacke telephoned Mr Henry. A police officer had been flagged down by a motorist, and Ms Slacke passed the phone to him. He asked Mr Henry whether he had any problem with Ms Slacke coming to his home to stay. Mr Henry said that that was fine, provided that the offender was not with her. He said of the offender that he was "an absolute arsehole and isn't welcome here." 3. During this phone conversation the offender left the scene and went to Mr Henry's home. He climbed over the back fence from a rear lane. He was seen by a neighbour and appeared to be a bit nervous. He entered the home from the rear door. There is no direct evidence of what occurred inside the home. What can be said is that he punched Mr Henry, causing him to fall to the kitchen floor. He then took Mr Henry's laptop computer and left via the back door. He was seen in the laneway by a police officer patrolling the area in a car. He jumped over the back fence of another property, dropped the laptop, and ran off. 4. Ms Slacke arrived at Mr Henry's home a short time later. She called 000. A neighbour saw her and the offender on a patio at the rear of the home. The two of them were arguing and Ms Slacke appeared distressed and agitated. The offender was heard to say, "It's too late now, you can't just back out now, you know, it's gone too far." 5. An ambulance arrived, and paramedics found Mr Henry lying face down on the kitchen floor. He was unconscious and there was a large pool of blood around his head. He was taken to the local hospital, where he was stabilized before being conveyed by air ambulance to Westmead Hospital. There he was admitted to the intensive care unit. Towards the end of March 2012, he was transferred to a nursing home at Erina. He died there on 19 April 2012 from a complication of his incapacitation as a result of the severe brain injury he had sustained. 6. A forensic pathologist who performed an autopsy explained that the most probable mechanism of Mr Henry's injuries was his having received a punch or blow to the right side of his forehead, causing a contusion. This caused him to fall, and he hit the left side of his head either on some object as he was falling or when he hit the floor. The pathologist acknowledged the possibility that he did not become unconscious until he hit the floor, but thought it more likely that he was rendered unconscious by the initial blow. 7. By his plea the offender acknowledges his unlawful and dangerous act of striking Mr Henry to the right side of the head with his fist, causing him to lose consciousness, fall and hit his head, and ultimately causing his death.