R v Michael William Grant; R v Kodney Douglas McNamara [2007] NSWDC 212

R v Michael William Grant; R v Kodney Douglas McNamara [2007] NSWDC 212

The offences, although serious and involving vigilantism, fell below the mid-range of objective seriousness for the charges; the offenders' strong prospects for rehabilitation, contrition, community support, absence of significant prior criminality, immediate steps for restitution and rehabilitation, and the specific background of the incident together rendered this an exceptional case justifying suspension of sentence. Both were therefore sentenced to 20 months imprisonment, suspended on condition of good behaviour bonds, and fined for the other charges.

Parties
Offender: Michael William Grant; Offender: Kodey Douglas McNamara; Prosecution: Crown
Jurisdiction
Australia
Judgment Date
03 May 2007
Procedural Posture
Criminal / Sentencing
Outcome
Conviction; sentences imposed as fines and suspended imprisonment with good behaviour bonds.
Legal Topics
Sentencing, Aggravated Break and Enter, Assault Occasioning Actual Bodily Harm, Malicious Damage, Vigilantism, Rehabilitation, Alcohol Related Offending
Criminal Law Sentencing Aggravated Break and Enter Assault Occasioning Actual Bodily Harm Malicious Damage Vigilantism Rehabilitation Alcohol Related Offending

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Parties

Michael William Grant

Offender

Kodey Douglas McNamara

Offender

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for aggravated break and enter and commit actual bodily harm, malicious damage, and assault occasioning actual bodily harm; consideration of objective criminality; consideration of subjective circumstances of each offender; applicability of standard non-parole period; determination if exceptional circumstances exist for non-custodial sentence

Ratio Decidendi

The offences, although serious and involving vigilantism, fell below the mid-range of objective seriousness for the charges; the offenders' strong prospects for rehabilitation, contrition, community support, absence of significant prior criminality, immediate steps for restitution and rehabilitation, and the specific background of the incident together rendered this an exceptional case justifying suspension of sentence. Both were therefore sentenced to 20 months imprisonment, suspended on condition of good behaviour bonds, and fined for the other charges.

Court Disposition

Conviction; sentences imposed as fines and suspended imprisonment with good behaviour bonds.

Orders

  • Michael William Grant: convicted and fined $1,000 for assault occasioning actual bodily harm; convicted and fined $1,000 for malicious damage; convicted of aggravated break and enter and commit AOABH, sentenced to 20 months imprisonment, suspended upon entering a 20-month good behaviour bond with supervision and...
  • Kodey Douglas McNamara: convicted and fined $1,000 for assault occasioning actual bodily harm; convicted and fined $1,000 for malicious damage; convicted of aggravated break and enter and commit AOABH, sentenced to 20 months imprisonment, suspended upon entering a 20-month good behaviour bond with supervision and...