R v Thaidy (2) [2014] NSWDC 194

R v Thaidy (2) [2014] NSWDC 194

The offender's most serious conduct was using his vehicle as an offensive weapon to avoid lawful apprehension while Sergeant Lewis was in the car, causing foreseeable physical and psychological harm to a police officer. Although the break, enter and steal involved limited planning and the later driving was spontaneous, the offender was on parole and bail, had a concerning criminal history, and required personal and general deterrence. Some accumulation was required to reflect the distinct criminality of the break, enter and steal, the offensive weapon offence, and dangerous driving, producing an overall effective non-parole period of four years and nine months and head sentence of seven...

Jurisdiction
Australia
Judgment Date
25 July 2014
Procedural Posture
Criminal Sentencing / Sentence After Judge Alone Trial and Guilty Pleas
Outcome
The offender was sentenced to an overall effective sentence of imprisonment with a non-parole period of four years and nine months and a head sentence of seven years and three months.
Legal Topics
['use Motor Vehicle as an Offensive Weapon to Avoid Apprehension' 'aggravated Break, Enter and Steal' 'driving in a Manner Dangerous' 'driving Uninsured and Unregistered Vehicle' 'driving While Never Licensed' 'offending While on Parole and Bail']
['criminal Law' 'sentencing'] ['use Motor Vehicle as an Offensive Weapon to Avoid Apprehension' 'aggravated Break, Enter and Steal' 'driving in a Manner Dangerous' 'driving Uninsured and Unregistered Vehicle' 'driving While Never Licensed' 'offending While on Parole and Bail']

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Procedural Posture

Criminal Sentencing / Sentence After Judge Alone Trial and Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for aggravated break, enter and steal, using an offensive weapon with intent to prevent lawful apprehension in company, and related driving offences.' "Whether and how the offender's guilty pleas, concessions at trial, youth, immaturity, drug use, criminal history, parole and bail status, and the harm to Sergeant Lewis should affect sentence." 'Whether accumulation was required between the break, enter and steal offence, the offensive weapon offence, and the dangerous driving offence.' "Whether parity with co-offenders sentenced in the Children's Court affected the sentence."]

Ratio Decidendi

The offender's most serious conduct was using his vehicle as an offensive weapon to avoid lawful apprehension while Sergeant Lewis was in the car, causing foreseeable physical and psychological harm to a police officer. Although the break, enter and steal involved limited planning and the later driving was spontaneous, the offender was on parole and bail, had a concerning criminal history, and required personal and general deterrence. Some accumulation was required to reflect the distinct criminality of the break, enter and steal, the offensive weapon offence, and dangerous driving, producing an overall effective non-parole period of four years and nine months and head sentence of seven...

Court Disposition

The offender was sentenced to an overall effective sentence of imprisonment with a non-parole period of four years and nine months and a head sentence of seven years and three months.

Orders

  • ['For driving in a manner dangerous, imprisonment for nine months commencing 21 July 2013 and disqualification from driving for five years.' 'For aggravated break, enter and steal, imprisonment with a non-parole period of 18 months commencing 21 October 2013 and a head sentence of three years.' 'For using an...