Daniel James Crisp home detention increased by six months

A Glen Dhu man who stabbed a male guest in his home because he believed he was sexually assaulting his partner had his sentence increased after an appeal by the Crown. Daniel James Crisp, 29, was sentenced in January to a 12-month home detention order by Acting Justice Shane Marshall for committing an unlawful act intending to cause bodily harm by wounding with a knife. The Court of Criminal Appeal unanimously agreed with the Director of Public Prosecution’s contention that the sentence was manifestly inadequate. IN OTHER NEWS: Chief Justice Alan Blow said the three judges were unanimous and he increased the home detention order to 18 months. He also imposed a Community Correction Order with a condition that he complete 240 hours of community service. During the hearing, Crown counsel Jack Shapiro revealed that Mr Crisp was allowed by a probation officer to walk his son to school five days a week and had also been granted exercise privileges three times a week. Mr Crisp was able to continue to work as a chef and allowed an hour a day to drive to and from work. The trial heard that a man was invited back to Crisp’s home by his partner for drinks. Crisp awoke and entered his lounge room to see the man with his trousers down and his hand on the unconscious woman’s leg. He threw several punches and then fetched a knife from the kitchen and stabbed him six times. The victim, who thought he was going to die because of a punctured lung, walked to the LGH. Mr Shapiro said that the usual sentencing range for the crime was three to seven years’ jail. He said that Crisp’s response was violent, disproportional and came after the threat to his partner was over. “It’s this state of mind I ask you to take into account,” he said. “We say this is a crime too serious for a home detention.” It was an aggravating feature of the crime that Crisp did not offer help to the wounded man. “He [Crisp] doesn’t know if he’s going to go around the block and die,” Mr Shapiro said. He said Acting Justice Marshall had not given sufficient weight to the man’s victim impact statement. In sentencing comments, the judge said “the complainant’s victim impact statement should be treated with caution. He appears to have embellished the effect upon him in that statement,” Acting Justice Marshall said. The judge said there was no evidence that the man suffered trauma from the event “other than the pain involved in the injuries”. Mr Shapiro said that the little weight given to the VIS was why the sentence was manifestly inadequate. He said the home detention orders had leeway which was not available to prisoners in custody. Chief Justice Blow remarked during the hearing that people’s circumstances differed. “This is a man with a partner and a child, a family man his home detention order allows him to live at home, he can’t go out and do the shopping but friends can come to his place for a drink,” he said. “He can’t go to the football or the pictures but he can live a happy family life. “It is far more onerous if all the interests are outside the home.” Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:

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A Glen Dhu man who stabbed a male guest in his home because he believed he was sexually assaulting his partner had his sentence increased after an appeal by the Crown.

Daniel James Crisp, 29, was sentenced in January to a 12-month home detention order by Acting Justice Shane Marshall for committing an unlawful act intending to cause bodily harm by wounding with a knife.

The Court of Criminal Appeal unanimously agreed with the Director of Public Prosecution’s contention that the sentence was manifestly inadequate.

Chief Justice Alan Blow said the three judges were unanimous and he increased the home detention order to 18 months.

He also imposed a Community Correction Order with a condition that he complete 240 hours of community service.

During the hearing, Crown counsel Jack Shapiro revealed that Mr Crisp was allowed by a probation officer to walk his son to school five days a week and had also been granted exercise privileges three times a week.

Mr Crisp was able to continue to work as a chef and allowed an hour a day to drive to and from work.

The trial heard that a man was invited back to Crisp’s home by his partner for drinks.

Crisp awoke and entered his lounge room to see the man with his trousers down and his hand on the unconscious woman’s leg.

He threw several punches and then fetched a knife from the kitchen and stabbed him six times.

The victim, who thought he was going to die because of a punctured lung, walked to the LGH.

Mr Shapiro said that the usual sentencing range for the crime was three to seven years’ jail.

He said that Crisp’s response was violent, disproportional and came after the threat to his partner was over.

“It’s this state of mind I ask you to take into account,” he said.

“We say this is a crime too serious for a home detention.”

It was an aggravating feature of the crime that Crisp did not offer help to the wounded man.

“He [Crisp] doesn’t know if he’s going to go around the block and die,” Mr Shapiro said.

He said Acting Justice Marshall had not given sufficient weight to the man’s victim impact statement.

In sentencing comments, the judge said “the complainant’s victim impact statement should be treated with caution. He appears to have embellished the effect upon him in that statement,” Acting Justice Marshall said.

The judge said there was no evidence that the man suffered trauma from the event “other than the pain involved in the injuries”.

Mr Shapiro said that the little weight given to the VIS was why the sentence was manifestly inadequate.

He said the home detention orders had leeway which was not available to prisoners in custody.

Chief Justice Blow remarked during the hearing that people’s circumstances differed.

“This is a man with a partner and a child, a family man his home detention order allows him to live at home, he can’t go out and do the shopping but friends can come to his place for a drink,” he said.

“He can’t go to the football or the pictures but he can live a happy family life.

“It is far more onerous if all the interests are outside the home.”

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: