R v Glen Jeffrey McCormack [2003] NSWSC 1139

R v Glen Jeffrey McCormack [2003] NSWSC 1139

The court imposed custodial sentences because the firearm, vehicle theft and offensive-weapon offences were serious, committed while the offender was on parole and against a background of prior convictions; the firearm offence required general deterrence, the vehicle theft required special deterrence, and the fourth charge required deterrence for threatened harm to police, but culpability was reduced by the absence of intentional collision, limited injury and damage, contrition, guilty pleas, rehabilitation prospects, totality and special circumstances justifying an adjusted non-parole period.

Jurisdiction
Australia
Judgment Date
14 November 2003
Procedural Posture
Criminal Sentencing / Remarks on Sentence Following Guilty Pleas to Charges 2, 3 and 4; Offender Had Been Acquitted by Direction on the Murder Charge
Outcome
The offender was sentenced to imprisonment on charges 2, 3 and 4, with the earliest eligibility for release on parole on 1 February 2006.
Legal Topics
['possession of Unlicensed Pistol' 'stealing a Motor Vehicle' 'use of Motor Vehicle as an Offensive Weapon' 'offences Committed While on Parole' 'guilty Plea Discount' 'totality' 'special Circumstances for Non Parole Period']
['criminal Law' 'sentencing'] ['possession of Unlicensed Pistol' 'stealing a Motor Vehicle' 'use of Motor Vehicle as an Offensive Weapon' 'offences Committed While on Parole' 'guilty Plea Discount' 'totality' 'special Circumstances for Non Parole Period']

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Procedural Posture

Criminal Sentencing / Remarks on Sentence Following Guilty Pleas to Charges 2, 3 and 4; Offender Had Been Acquitted by Direction on the Murder Charge

Legal Issues

  1. 1 ['What sentences should be imposed for possessing an unlicensed pistol, stealing a motor vehicle, and using a motor vehicle as an offensive weapon with intent to prevent lawful apprehension.' 'Whether the shooting death caused with the pistol was an aggravating factor for the firearm possession offence.' 'Whether the fourth charge involved an intentional collision or reckless use of the vehicle as an offensive weapon.' "How the offender's parole status, prior convictions, contrition, guilty pleas, prospects of rehabilitation, totality and special circumstances affected sentence."]

Ratio Decidendi

The court imposed custodial sentences because the firearm, vehicle theft and offensive-weapon offences were serious, committed while the offender was on parole and against a background of prior convictions; the firearm offence required general deterrence, the vehicle theft required special deterrence, and the fourth charge required deterrence for threatened harm to police, but culpability was reduced by the absence of intentional collision, limited injury and damage, contrition, guilty pleas, rehabilitation prospects, totality and special circumstances justifying an adjusted non-parole period.

Court Disposition

The offender was sentenced to imprisonment on charges 2, 3 and 4, with the earliest eligibility for release on parole on 1 February 2006.

Orders

  • ['In relation to the third charge, stealing motor vehicle, the offender is sentenced to a term of imprisonment of one year and eight months, commencing on 16 January 2002, with a non-parole period of one year and three months, expiring on 15 April 2003.' 'In relation to the fourth charge, use motor vehicle as an...