Police v Garry Hay [2019] NSWLC 9

Police v Garry Hay [2019] NSWLC 9

The offender's protracted, escalating threatening conduct, causing significant psychological harm to the victim, satisfied the statutory definition of intimidation and called for a sentence of imprisonment. Neither a Community Corrections Order nor an Intensive Corrections Order would adequately reflect the seriousness, need for deterrence, or principles of sentencing; accordingly, an aggregate custodial sentence was imposed.

Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
Imprisonment
Legal Topics
['sentencing' 'intimidation' 'stalking' 'anonymous Threats' 'deterrence']
['criminal Law'] ['sentencing' 'intimidation' 'stalking' 'anonymous Threats' 'deterrence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for six counts of intimidation under s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007?' "Does the conduct satisfy the statutory definition of 'intimidation'?" 'Should a Community Corrections Order or Intensive Corrections Order be imposed rather than full-time imprisonment?']

Ratio Decidendi

The offender's protracted, escalating threatening conduct, causing significant psychological harm to the victim, satisfied the statutory definition of intimidation and called for a sentence of imprisonment. Neither a Community Corrections Order nor an Intensive Corrections Order would adequately reflect the seriousness, need for deterrence, or principles of sentencing; accordingly, an aggregate custodial sentence was imposed.

Court Disposition

Imprisonment

Orders

  • ['Garry Hay is sentenced to a term of imprisonment of 2 years 6 months.' 'The non-parole period is 20 months to date from 19 July 2019 and expires 18 March 2021.' 'The balance of term on parole is 10 months commencing 19 March 2021 and expires 18 January 2022.' "A finding of special circumstances is made regarding...