Event and Time
Event Description
- Incident Date: 27 April 2021
- Parties Involved: Jordan Clarke (Defendant), Amber Thompson (Victim), and Sean Devlin (Driver).
- Circumstances: Following a tumultuous relationship that ended on 24 April 2021, Clarke approached Thompson while she was lying on a blanket, armed with a device believed to be a Taser. He discharged the Taser against her forehead, causing significant injury.
Application and Claims
- Charges: Clarke pleaded guilty to one charge of causing injury intentionally under section 18 of the Crimes Act 1958.
- Agreed Summary: The prosecution used an agreed summary prepared on 16 August 2022, outlining the events leading to Thompson’s injury and the immediate aftermath which involved hospital treatment and surgery.
- Defendant's Claim: Clarke claimed the weapon was a Taser (though no expert evidence was provided regarding its nature), and he intended to emit an electric shock and cause pain, rather than inflict a permanent injury.
Judicial Decisions
- Judge's Sentencing: Clarke was sentenced to 2 years and 6 months’ imprisonment with a non-parole period of 20 months. The Judge justified the decision citing the severity of the offence, premeditation, and the need for public deterrence against such violent acts.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Argument:
- The offence was serious, involving premeditated family violence. - Thompson was vulnerable, and the injury required significant medical intervention (surgery). - Sentencing should reflect the gravity of the act to deter similar future conduct.
- Defendant's Argument:
- Acknowledged the seriousness of the offence but sought a community correction order (CCO) rather than imprisonment, arguing for rehabilitation. - Claimed difficulties in his upbringing influenced his actions, and that he could benefit from a rehabilitation-focused sentence due to a period of sobriety.