James Michael Greenup: Ex-cabbie who slashed man’s throat with machete has appeal against sentence denied

A former Geraldton taxi driver jailed for six years for slashing his passenger’s neck with a machete has had his appeal against his sentence rejected. In a decision published on Thursday, the Court of Appeal threw out James Michael Greenup’s appeal, which was based on the sole ground that it was manifestly excessive. Greenup was sentenced to six years prison after he was found guilty after a District Court trial in September 2022 of causing grievous bodily harm to his passenger Charles Collard. The maximum penalty for the charge is 10 years. In the early hours of March 21, 2021, Greenup refused to take Mr Collard to another address after two passengers had exited the taxi and paid the fare. After a short argument, Greenup took a large machete that he kept in the side compartment of the driver’s door and swung it at Mr Collard in a chopping motion, slicing his neck and piercing his jugular vein. Before using the weapon, he threatened Mr Collard by saying “get the f... out of my cab, you c..., or I will make you piss”. When Mr Collard replied “you and who”, Greenup said “me and my mate” before grabbing the weapon and saying “meet my mate Mr Machete” and then striking Mr Collard. Greenup reversed out of the driveway while Mr Collard was partly in the car, dragging him along the road and flung him out of the car when he sped away. He received grazed knees and a broken nose. Bleeding heavily, Mr Collard was forced to get help himself. The brutal attack was found to have endangered his life and left Mr Collard with permanent psychological effects. The appeal judges found it was “fortunate that Mr Collard survived”. In a victim impact statement, Mr Collard said he was fit before the incident, but could no longer engage in certain physical activities for fear of bursting a repaired blood vessel. He said anxiety, irritability and trouble sleeping had affected his productivity at work and the attack had strained his relationship of 40 years, as well as his broader family, including his five children. In sentencing, District Court Judge Fiona Vernon accepted Greenup’s neglectful and violent childhood but found it difficult to accept he was remorseful or that he would have a difficult time in prison. The judge found that while Greenup did not intend to cause grievous bodily harm to Mr Collard, he swung the machete knowing it was dangerous, without caring about his safety. Greenup’s lawyer Darryl Ryan argued in the Court of Appeal that while the offending was serious, the attack was not prolonged or repetitive and Mr Collard did not suffer permanent physical injury. He said the offending was less serious because Greenup acted impulsively. Mr Ryan submitted the sentence imposed on Greenup was unreasonable and manifestly excessive in comparison to several other similar cases. State prosecutor Gemma Beggs said Greenup showed a disregard for Mr Collard’s welfare and he was a taxi driver who the public should be able to trust. She submitted that Greenup showed a cruel disregard for Mr Collard’s welfare by dragging him by the car after the initial wounding. The appeal was dismissed unanimously after the judges found it was not unreasonably or unjustly excessive. The three-judge panel described Greenup’s “unprovoked act of violence” as an “entirely disproportionate response” to a mild disagreement.