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District Court 6 May 2014

Lane v R

[2014] NSWDC 102

Public order & justice offences
CRIMINAL LAW APPEAL FROM LOCAL COURT SENTENCE INTIMIDATE POLICE ISOLATED POLICE STATION PURPOSES OF SENTENCING YOUNG OFFENDER

Citation: Lane v R [2014] NSWDC 102
Court: District Court of New South Wales
Date: 6 May 2014
Judge: Cogswell SC DCJ

Background

The appellant was a 20-year-old man who, on his birthday, became intoxicated and walked to the police station in Goodooga, a remote country town, to confront the sole officer stationed there. Over an extended period, he stood outside the officer's private residence, shirtless, shouting abusive and threatening language, attempting to force open gates, and kicking and punching the Colorbond fence. The officer's partner was left visibly shaken. Friends of the appellant eventually arrived and removed him from the scene.

The appellant pleaded guilty in the Local Court to intimidating police under s 60(1) of the Crimes Act 1900 (NSW), which carries a maximum penalty of 5 years imprisonment. Magistrate Grogan sentenced him to one month's full-time custody. The appellant then appealed that sentence to the District Court.

The appellant had only two prior offences on his record, both minor and resolved by fine. Neither involved violence or conduct against police. He was employed as a shearer when work was available.

  • Whether the one-month sentence of full-time imprisonment imposed by the Local Court was appropriate in all the circumstances.
  • How to balance the competing sentencing purposes of deterrence, denunciation, community protection, and rehabilitation, particularly for a young, first-time serious offender.
  • What sentence, if any, should be substituted on appeal.

Decision

Cogswell SC DCJ acknowledged the genuine tension at the heart of the case. On one side sat the serious nature of the offending: a prolonged, threatening confrontation directed at an isolated, off-duty police officer at his private residence. The judge emphasised that police officers on the frontline of community protection deserve the clear support of the courts, and that the isolation of a country posting made the conduct particularly serious. The Magistrate's decision to impose a custodial term was entirely understandable.

On the other side, the appellant was exactly 20 years old at the time, had no history of violence, and was facing full-time gaol for the first time. The judge noted that sentencing courts are slow to impose a first custodial sentence on young offenders, given the risk of exposing them to negative influences and the lasting consequences a gaol record carries for future sentencing. Rehabilitation carried significant weight given the appellant's age and the role of alcohol in the offending.

The judge considered and rejected several intermediate options. Suspending the one-month sentence was ruled out because the supervision period would be too short to address the appellant's alcohol and anger issues. Ultimately, the judge concluded that a good behaviour bond of 18 months, with conditions including supervision by Community Corrections and engagement with anger management and alcohol programs, was appropriate. In doing so, the appeal was allowed and the custodial sentence was set aside.

Orders Made

  • The appeal against sentence was allowed.
  • A good behaviour bond of 18 months was imposed under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW), on the following conditions:
  • The appellant must be of good behaviour for 18 months.
  • The appellant must notify the Court of any change of residential address.
  • The appellant must attend Court if required by notice.
  • The appellant must accept supervision from the Community Corrections Office and comply with reasonable directions, particularly regarding anger management and alcohol issues.
  • The appellant was directed to report to the Community Corrections Office at Coonamble by 9 May 2014.

Key Takeaways

  • The District Court confirmed that intimidating an isolated, off-duty police officer at his private residence is a serious offence warranting strong consideration of the purposes of deterrence and denunciation, even where the offender is young and remorseful.
  • A first custodial sentence for a young offender is not to be imposed without careful pause. The court weighed the enduring consequences of a gaol record and the risk that imprisonment might entrench criminal behaviour rather than deter it.
  • Under s 60(1) of the Crimes Act 1900 (NSW), the fact that the victim is a police officer is not separately available as a statutory aggravating factor under s 21A(2)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW), because the offence provision itself already reflects Parliament's intention to protect police.
  • Where a custodial sentence would leave insufficient time for meaningful supervision, a community-based order with targeted conditions (such as anger management and alcohol counselling) may better serve rehabilitation objectives.
  • Sentencing courts retain a broad range of options between full-time custody and outright leniency. In this case, a structured good behaviour bond with Community Corrections supervision was the outcome the court settled on after considering and rejecting several intermediate measures.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 60(1) (intimidating police)
- Crimes (Appeal and Review) Act 2001 (NSW), s 20(2) (appeal jurisdiction)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9 (good behaviour bonds), 21A (aggravating and mitigating factors)

Cases: No cases were cited in the judgment.