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District Court 11 December 2020

R v Teece

[2020] NSWDC 920

Assault & violenceFirearms & weaponsPublic order & justice offences
CRIMINAL S ENTENCE AFTER TRIAL USE CARRIAGE SERVICE TO MENACE CONVICTED ON COUNT 1 AT TRIAL JOINT CRIMINAL ENTERPRISE STATUTORY AGGRAVATING FEATURES

Citation: R v Teece [2020] NSWDC 920
Court: District Court of New South Wales
Date: 11 December 2020
Judge: King SC DCJ

Background

The offender, Matthew Teece, was sentenced following a trial and a series of guilty pleas arising from a confrontation in a residential laneway at Sans Souci in July 2019. The victim was a close friend of the offender, and the dispute originated over a $190 bank transfer that had not yet cleared. The offender repeatedly contacted the victim over two days pressing him for the money, before organising a late-night approach to the victim's home.

On the night of 13 July 2019, the offender drove to the victim's property with a co-offender, Matthew Yealland, and a third person, who was used to lure the victim into the back laneway. The co-offender was concealing a loaded, shortened 12-gauge shotgun in his clothing. When the victim emerged, the co-offender drew the weapon and pointed it at the victim's chest, demanding his bag.

The offender was also charged in relation to two separate incidents of using a carriage service to menace. He had pleaded guilty to those charges and to an alternative accessory count, but the Crown declined to accept the accessory plea. The jury convicted him on the primary count of possessing an offensive weapon in company with intent to commit an indictable offence, specifically intimidation.

  • Whether the offender should be sentenced as a participant in a joint criminal enterprise involving the possession of an offensive weapon (a loaded shotgun) in company with intent to intimidate.
  • The appropriate sentence for three offences: two counts of using a carriage service to menace (Commonwealth offences under s 474.17(1) of the Criminal Code Act 1995 (Cth)) and one count of possessing an offensive weapon in company with intent under s 33B(2) of the Crimes Act 1900 (NSW).
  • The weight to be given to statutory aggravating features and the offender's subjective circumstances, including time already spent in custody and on home detention.

Decision

King SC DCJ accepted the Crown's proposed statement of facts, which the offender's counsel agreed accurately reflected the trial evidence. The court found beyond reasonable doubt that the offender had organised the late-night approach to the victim's home as part of a joint criminal enterprise, even though it was the co-offender Yealland who physically produced and aimed the shotgun. The offender's role in planning the confrontation and attending the scene was central to the enterprise.

The two Commonwealth carriage service offences, carrying a maximum of three years' imprisonment each, and the State offensive weapon offence, carrying a maximum of 15 years' imprisonment, were sentenced together. No standard non-parole period applied to any of the charges.

The court took into account the serious nature of the weapon involved, the planned and deliberate character of the offending, and the statutory aggravating features. It also considered the offender's subjective circumstances, including time spent in pre-sentence custody (270 days, backdated to 9 March 2020) and a period on home detention, which was taken into account in calibrating the overall sentence rather than as a direct time deduction.

Following a correction to the judgment, the total sentence for the State offence was confirmed as five and a half years, expiring on 8 March 2026. The offender became eligible for parole on 8 September 2024, with a parole period of one and a half years.

Orders Made

• Sentence for Commonwealth offences with New South Wales offence to commence six months after, with start date of 9 September 2020
• Non-parole period of four years, ending 8 September 2024 (first eligibility for parole)
• Balance of term one and a half years for State offence
• Total sentence for State offence of five and a half years, expiring 8 March 2026
• Parole eligibility on 8 September 2024 with parole period of one and a half years
• 270 days taken into account and sentence backdated to 4 December 2019, giving sentence start date of 9 March 2020

Key Takeaways

  • A conviction under s 33B(2) of the Crimes Act 1900 (NSW) for possessing an offensive weapon in company with intent can be established through participation in a joint criminal enterprise, even where the offender did not personally carry or produce the weapon.
  • The District Court treated the organised, premeditated nature of the approach to the victim's home, including the presence of a loaded, shortened shotgun, as significant features aggravating the seriousness of the State offence.
  • Under s 474.17(1) of the Criminal Code Act 1995 (Cth), the maximum penalty for using a carriage service to menace is three years' imprisonment, and no standard non-parole period applies as these are Commonwealth offences.
  • Time spent on home detention, while not directly counted as a custodial deduction, was taken into account in assessing the appropriate overall sentence.
  • Corrections to sentencing orders after delivery are permissible, and in this instance the court corrected the sentence expiry date from 8 November 2026 to 8 March 2026, while confirming the parole eligibility date remained unchanged.

Legislation and Cases Referenced

Legislation:
- Criminal Code Act 1995 (Cth), s 474.17(1) (use carriage service to menace)
- Crimes Act 1900 (NSW), s 33B(2) (possess offensive weapon in company with intent to commit an indictable offence)

Cases cited: None identified in the provided text.