R v Gary Mackay [2014] NSWDC 2

District Court New South Wales

Medium Neutral Citation: R v Gary Mackay [2014] NSWDC 2 Hearing dates: 6 February 2014 Decision date: 14 February 2014 Before: Mahony SC DCJ Decision: Custodial sentence imposed; for Orders see [53] Catchwords: Multiple offences; Aggregated terms of imprisonment Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Barker (2006) NSWCCA 20 R v Matthews (2007) NSWCCA 294 Bugmy v R (2013) 302 ALR 192 Pearce v R (1998) 194 CLR 610 R v Fernando (1992) 76 AcrimR 58 Kennedy v R [2010] NSWCCA 260 Mill v The Queen (1988) 166 CLR 59 R v Rae [2013] NSWCCA 9 Category: Sentence Parties: Director of Public Prosecutions (Crown) Gary Mackay - (Offender) File Number(s): 12/309430 12/341071 Publication restriction: Nil

SENTENCE

Introduction 1In this matter the offender appeared before me on 6 February 2014 for Sentence in respect of two sequences of offences. They occurred on 7 September 2012 and 8 October 2012. The offences on 7 September 2012 were as follows: Offences referred to in Exhibit B, Matter No. 12/00309403 (1)Threaten injury to person (S 33B(1)(b)), maximum penalty 12 years imprisonment. (2)Armed with intent to commit offence (S 114(1)(a)), maximum penalty 7 years imprisonment (3)Aggravated break enter with intent (armed) (S 113(2)), maximum penalty 14 years. 2It is noted that these offences were committed whilst the offender was on parole. On 10 October 2011 he had been convicted of shop stealing at the Dubbo Local Court and sentenced to 18 months imprisonment expiring on 9 April 2013, with a non-parole period of 6 months expiring on 9 April 2012. 3A plea of guilty was entered by the offender at the telephone callover and it is agreed that he is entitled to a 25% discount on sentence on these offences. 4The offender had been arrested for the offences referred to above on 7 October 2012. The second sequence of offences occurred on 8 October 2012. They were: (1)Escape Police Custody (Common Law), maximum - at large. (2)Unlawfully take car (S 154C(1)(a)), maximum penalty 10 years SNPP 3 years. (3)Use weapon to prevent apprehension (S 33B(1)(a), maximum penalty 12 years. (4)Assault Police Officer - Constable Fisher (S 60(1)), maximum penalty 5 years. (5)AOABH Police Officer - Constable Jennings (S 60(2)), maximum penalty 7 years. 5In respect of these five offences, a plea of guilty was entered on 7 August 2013 at Wagga Wagga Local Court and that plea was adhered to before me.