R v Teece [2020] NSWDC 920

R v Teece [2020] NSWDC 920

The offender participated in a pre-planned joint criminal enterprise to intimidate the victim into providing $190 by attending with a co-offender who possessed and presented a shortened shotgun, which was discharged near the victim. The NSW offence was very serious, aggravated by its connection with the victim's home, disregard for public safety, planning, and commission while the offender was subject to a Conditional Release Order. The later voicemail messages were significant menacing carriage-service offences because they followed and embraced the shooting incident. The offender's denial, lack of remorse, criminal history and guarded prospects of rehabilitation required substantial...

Jurisdiction
Australia
Judgment Date
11 December 2020
Procedural Posture
Criminal Sentence / Sentence After Trial, With Guilty Pleas to Counts 3 and 4 and Conviction by Jury on Count 1
Outcome
Convicted and sentenced.
Legal Topics
['use Carriage Service to Menace' 'possess Offensive Weapon in Company With Intent to Commit an Indictable Offence' 'intimidation' 'joint Criminal Enterprise' 'statutory Aggravating Features' 'subjective Matters' 'commonwealth Sentencing' 'aggregate Sentence' 'recognizance Release Order']
['criminal Law' 'sentencing'] ['use Carriage Service to Menace' 'possess Offensive Weapon in Company With Intent to Commit an Indictable Offence' 'intimidation' 'joint Criminal Enterprise' 'statutory Aggravating Features' 'subjective Matters' 'commonwealth Sentencing' 'aggregate Sentence' 'recognizance Release Order']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Trial, With Guilty Pleas to Counts 3 and 4 and Conviction by Jury on Count 1

Legal Issues

  1. 1 ['What sentence should be imposed for two Commonwealth offences of using a carriage service to menace contrary to s 474.17(1) Criminal Code Act 1995 (Cth).' 'What sentence should be imposed for the NSW offence of possessing an offensive weapon in company with intent to commit an indictable offence, namely intimidation, contrary to s 33B(2) Crimes Act 1900 (NSW).' 'The objective seriousness of a pre-planned joint criminal enterprise involving a shortened shotgun used to intimidate the victim over $190.' "The effect of statutory aggravating features, the offender's conditional liberty, criminal history, lack of remorse, guarded rehabilitation prospects, guilty pleas to the Commonwealth offences, and totality."]

Ratio Decidendi

The offender participated in a pre-planned joint criminal enterprise to intimidate the victim into providing $190 by attending with a co-offender who possessed and presented a shortened shotgun, which was discharged near the victim. The NSW offence was very serious, aggravated by its connection with the victim's home, disregard for public safety, planning, and commission while the offender was subject to a Conditional Release Order. The later voicemail messages were significant menacing carriage-service offences because they followed and embraced the shooting incident. The offender's denial, lack of remorse, criminal history and guarded prospects of rehabilitation required substantial...

Court Disposition

Convicted and sentenced.

Orders

  • ["For Count 3 SEQ 002 and Count 4 SEQ 003, the indicative sentence for each offence of using a carriage service to menace is 9 months' imprisonment." 'For Count 3 SEQ 002 and Count 4 SEQ 003, the offender is sentenced to an aggregate term of imprisonment for 1 year commencing on 9 March 2020, to be released to...