R v Dacey [2014] NSWSC 1452

Supreme Court New South Wales

Medium Neutral Citation: R v Dacey [2014] NSWSC 1452 Hearing dates: 24 October 2014 Decision date: 24 October 2014 Before: R A Hulme J Decision: Imprisonment for 7 years with a non-parole period of 5 years Catchwords: CRIMINAL LAW - sentence - grievous bodily harm with intent - judge alone trial - intention to inflict serious harm formed spontaneously - use of weapon elevates seriousness - objective seriousness slightly below mid-range - substantial criminal record - offender on parole when offence committed - personal deterrence and retribution emphasised - signs of remorse - three year delay in resolution of proceeding - long state of uncertainty - offer to plead guilty rejected by Crown - low prospects of rehabilitation Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: R v Dacey, Ian; R v Dacey, Lee [2014] NSWSC 1201 Category: Sentence Parties: Regina Ian Dacey Representation: Counsel: Mr L Carr (Crown) Mr T Hoyle SC (Offender) Solicitors: Solicitor for Public Prosecutions Armstrongs Solicitors File Number(s): 2011/333188

Judgment 1R A HULME J: On 29 August 2014, the offender, Ian Dacey, was acquitted of a charge of murder but found guilty of causing grievous bodily harm with intent. His brother, Lee Dacey, was acquitted of both charges. At the election of the offender and his brother the trial was by judge alone: R v Dacey, Ian; R v Dacey, Lee [2014] NSWSC 1201. 2Causing grievous bodily harm with intent is an offence contrary to s 33 of the Crimes Act 1900 (NSW) and the maximum penalty is imprisonment for 25 years. There is also prescribed under the Crimes (Sentencing Procedure) Act 1999 (NSW) a standard non-parole period of 7 years.