R v Garry Robert LACEY [2009] NSWDC 343

R v Garry Robert LACEY [2009] NSWDC 343

The core of the reasoning is that, although Mr Lacey had no previous convictions for such a serious offence, his conduct in using a motor vehicle as an offensive instrument to prevent lawful apprehension, and assaulting police officers constituted a very serious example of its type, further aggravated by his criminal history of hostility towards police and misuse of motor vehicles. The sentence reflected the need for deterrence and retribution, taking into account Form 1 offences and special circumstances influencing the fixing of the non-parole period. Concurrent sentences were imposed for the resist arrest matters, with partial accumulation applied in accordance with sentencing principles.

Jurisdiction
Australia
Judgment Date
20 November 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['sentencing' 'use Offensive Instrument to Avoid Lawful Apprehension' 'resist Police Officer in Execution of Duty' 'special Circumstances for Non Parole Period']
['criminal Law'] ['sentencing' 'use Offensive Instrument to Avoid Lawful Apprehension' 'resist Police Officer in Execution of Duty' 'special Circumstances for Non Parole Period']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for use of offensive instrument with intent to prevent lawful apprehension' 'Sentencing for resisting police officer in execution of duty' 'Consideration of aggravating and mitigating factors' 'Application of sentencing principles regarding concurrency and accumulation' 'Special circumstances for fixing non-parole period']

Ratio Decidendi

The core of the reasoning is that, although Mr Lacey had no previous convictions for such a serious offence, his conduct in using a motor vehicle as an offensive instrument to prevent lawful apprehension, and assaulting police officers constituted a very serious example of its type, further aggravated by his criminal history of hostility towards police and misuse of motor vehicles. The sentence reflected the need for deterrence and retribution, taking into account Form 1 offences and special circumstances influencing the fixing of the non-parole period. Concurrent sentences were imposed for the resist arrest matters, with partial accumulation applied in accordance with sentencing principles.

Court Disposition

convicted and sentenced

Orders

  • ['Count 1B: sentenced to 7 years and 2 months imprisonment commencing 28/04/2009, non-parole period of 4 years and 3 months until 27/07/2013, balance of sentence until 27/06/2016, eligible for parole on 27/07/2013, special circumstances found, Form 1 matters taken into account' 'Count 2: convicted, sentenced to 2...