R v McGrady [2021] NSWDC 816

District Court New South Wales

Medium Neutral Citation: R v McGrady [2021] NSWDC 816 Hearing dates: 24 November 2021 Date of orders: 25 November 2021 Decision date: 25 November 2021 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: At [113]-[116]. Catchwords: CRIME – fire firearm at a dwelling house – multiple offences – provocation – "taking the law into his own hands" – Bugmy factors – young offender Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Dixon v R [2020] NSWCCA 123 Powell v R [2014] NSWCCA 69 R v Dole; R v Nguyen [2010] NSWCCA 101 R v Kaplantzi [2020] NSWDC 889 R v Karaitaina [2020] NSWDC 691 R v Mitchell [2007] NSWCCA 296; (2007) 177 A Crim R 94 R v Quealey [2010] NSWCCA 116 R v Sequera [2021] NSWDC 573 R v Swan [2006] NSWCCA 47 R v Way [2004] NSWCCA 131 Category: Sentence Parties: Crown Kaylan McGrady Representation: Counsel: Ms Todhunter (Crown) Mr Doyle (Offender) File Number(s): 2020/00335297 Publication restriction: Nil

Index BACKGROUND PARITY SUBJECTIVE FEATURES CROWN SUBMISSIONS DEFENCE SUBMISSIONS PROVOCATION JIRS STATISTICS AND COMPARATIVE CASES REHABILITATION GENERAL DETERRENCE CONSIDERATION

sentence 1. Boggabilla is a small town on the border of NSW and Queensland approximately 110 kilometres north of Moree. At the most recent published Census, it had a population of only 551, of whom almost two-thirds identified as Indigenous. In the early hours of 23 November 2020 the offender, Kaylan McGrady, was one of a group of young men who drove around a number of streets in the town in the course of a shooting rampage. The occupants of the car had at least two weapons and over a period of approximately 2 hours, numerous shots were fired at a variety of premises in addition to a number of motor vehicles. 2. I will come to the detail of this brief reign of terror when I outline the narrative and background of the circumstances. 3. The present offender appears for sentence with respect to three substantive charges of firing a firearm at a dwelling house with reckless disregard for safety. Such offences arise pursuant to the contravention of s 93GA(1) of the Crimes Act 1900 and carry a maximum penalty of 14 years imprisonment. There is a standard non-parole period of 5 years. 4. Similar charges of firing a firearm in a manner likely to injure a person or property have been placed on a Form 1 document. The offences on the Form 1 were preferred pursuant to s 93G(1)(c) of the Crimes Act 1900 and attract a maximum penalty of 10 years imprisonment if prosecuted separately.