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

New South Wales District Court

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

HEARING DATE(S): 1 and 3 May 2007

JUDGMENT DATE: 3 May 2007

EX TEMPORE JUDGMENT DATE : 24 May 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: MIchael Grant: AOABH - fined $1000; Mal Damage - fined $1,000; Aggravated Break and Enter and commit AOABH - sentenced 20 months imprisonment, suspended. (para 67).; Kodey McNamara: AOABH - fined $1,000; Mal Damage - fined $1,000; Aggravated Break and Enter and commit AOABH - sentenced 20 months imprisonment, suspended. (para 68)

CATCHWORDS: Criminal Law - sentencing - Aggrevated break and enter and commit AOABH - Malicious damage - assaqult - illegal wanton driving by victim - vigilante response by offenders - mid-range of seriousness assessment - alcohol issues - strong rehabilitation.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1989

Gladue v The Queen [1999] 1 SCR 688 at [80] CASES CITED: R v Cuthbert (1967) 2NSWR329 R v Rushby (1977) NSWLR 597 R v Hayes (1984) 1 NSWLR 740

Regina PARTIES: Michael William Grant Kodney Douglas McNamara

FILE NUMBER(S): 07/31/0089; 07/31/0091

SOLICITORS: Mr Moylan for both offenders Mr Frazer for Crown

SENTENCE

1 HIS HONOUR: The B-grade cricket grand final had been held on Saturday 10 February 2007. Several of the players and friends celebrated into the early hours of the Sunday morning at the Post Office Hotel, Moree. Two of those present at the Post Office Hotel at 2am were Michael William Grant and Kodey Douglas McNamara.