R v William John Murray [2008] NSWDC 285

R v William John Murray [2008] NSWDC 285

The offender's violent and sustained resistance, assaults on two police officers, attempt to take and use a loaded police pistol to prevent apprehension, escape from lawful custody, prior history of similar offending and offending while on bail required full-time imprisonment with significant weight to general and personal deterrence. The police mistake about his bail status did not excuse the conduct but provided some explanation and affected assessment of seriousness. His recent progress and rehabilitation prospects, together with totality arising from accumulated sentences, justified a reduced non-parole component and parole supervision.

Jurisdiction
Australia
Judgment Date
08 December 2008
Procedural Posture
Criminal Sentencing / Sentence After Judge Alone Trial and Verdicts of Guilty
Outcome
Convicted on each count and sentenced to a total sentence of 3 years 3 months with a non-parole component of 1 year 9 months.
Legal Topics
['resist Officer in Execution of Duty' 'assault Officer in Execution of Duty' 'attempt to Use Offensive Weapon With Intent to Prevent Lawful Apprehension' 'escape From Lawful Custody' 'general Deterrence' 'personal Deterrence' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['resist Officer in Execution of Duty' 'assault Officer in Execution of Duty' 'attempt to Use Offensive Weapon With Intent to Prevent Lawful Apprehension' 'escape From Lawful Custody' 'general Deterrence' 'personal Deterrence' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Judge Alone Trial and Verdicts of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for two counts of resisting a police officer in the execution of duty, two counts of assaulting a police officer in the execution of duty, one count of attempting to use an offensive weapon with intent to prevent lawful apprehension, and one count of escaping from lawful custody.' "How the objective seriousness of the offences should be assessed, including the offender's attempt to take a police pistol during the struggle." "How the offender's subjective circumstances, criminal history, rehabilitation prospects, and the fact that police mistakenly believed he was in breach of bail should affect sentence." 'Whether sentences should be concurrent or accumulated having regard to totality and the presence of two victim officers.' 'Whether special circumstances justified reducing the proportion of the sentence represented by the non-parole component.']

Ratio Decidendi

The offender's violent and sustained resistance, assaults on two police officers, attempt to take and use a loaded police pistol to prevent apprehension, escape from lawful custody, prior history of similar offending and offending while on bail required full-time imprisonment with significant weight to general and personal deterrence. The police mistake about his bail status did not excuse the conduct but provided some explanation and affected assessment of seriousness. His recent progress and rehabilitation prospects, together with totality arising from accumulated sentences, justified a reduced non-parole component and parole supervision.

Court Disposition

Convicted on each count and sentenced to a total sentence of 3 years 3 months with a non-parole component of 1 year 9 months.

Orders

  • ['On each count: convicted.' 'For escape from lawful custody: imprisonment for a fixed term of 6 months commencing 12 October 2008 and concluding 11 April 2009.' 'For resisting and assaulting Plainclothes Senior Constable Owen: on each count, imprisonment comprising a non-parole period of 12 months and a balance of...