R v Kevin Gall; R v Bruce Gall (No 6) [2012] NSWSC 1432

Supreme Court New South Wales

Medium Neutral Citation: R v Kevin Gall; R v Bruce Gall (No 6) [2012] NSWSC 1432 Hearing dates: 2, 16 November 2012 Decision date: 23 November 2012 Before: Adamson J Decision: Kevin Gall is sentenced as follows: (1) For the offence of pervert the course of justice, to a fixed term of imprisonment for 1 year and 10 months, to date from 16 November 2010. (2) For the offences of unauthorised possession of prohibited firearms and prohibited weapons, to a fixed term of imprisonment for 3 years and 7 months, with a non-parole period of 2 years and 8 months, to date from 16 November 2011. (3) For the offence of discharging a firearm with intent to cause grievous bodily harm to Michael Fox, to a fixed term of imprisonment for 8 years, to date from 16 November 2013. (4) For the murder of Neil Green, to a term of imprisonment of 27 years with a non-parole period of 18 years, to date from 16 November 2016. Bruce Gall is sentenced as follows: (1) For the offence of being an accessory after the fact to murder, to a fixed term of imprisonment of 2 years, to date from 16 January 2012. (2) For the offence of perverting the course of justice, to a fixed term of imprisonment for 16 months, to date from 16 September 2013. (3) For the offence of possessing prohibited weapons, to a fixed term of imprisonment for 3 years, to date from 16 January 2015 with a non-parole period of 18 months. Catchwords: CRIMINAL LAW - sentence - murder - accessory after the fact to murder - discharge firearm with intent to cause grievous bodily harm - possess prohibited weapon - possess prohibited firearm - influence witness to pervert the course of justice Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Elfar [2003] NSWCCA 358 R v Hawken (1986) 27 A Crim R 32 R v Olbrich [1999] HCA 54; 199 CLR 270 R v Previtera (1997) 94 A Crim R 76 R v Rodriguez [2012] NSWSC 663 R v Shankley [2003] NSWCCA 253 Ramsay v Watson [1961] HCA 65; 108 CLR 642 Category: Sentence Parties: Regina Kevin Gall (Offender) Bruce Gall (Offender) Representation: Counsel: M Cunneen SC (Crown) D Dalton SC (Kevin Gall) B Levet (Bruce Gall) Solicitors: Solicitor for Public Prosecutions (Crown) AHA Taylor Lawyers (Kevin Gall) Kinghan & Associates (Bruce Gall) File Number(s): 2010/380838; 2010/380935 Publication restriction: None