Tag Archives: Sentence

Samurai sword-wielder receives suspended sentence

Posted December 07, 2015 15:26:51

Associated Story: Sword wielding robber threatens staffer at Darwin pub
Map: Naracoorte 5271

A man who burst into his daughter’s house brandishing a samurai sword soon after she threatened to report his companion to Households SA has received a suspended sentence bond.

Shane Gregory Luke, 46, pleaded guilty to aggravated significant criminal trespass in an occupied residence and two counts of aggravated assault.

When sentencing him on Friday, Judge Sydney Tilmouth mentioned a degree of animosity had constructed up in between the man and his daughter.

“At the time your daughter was abusing your then companion and threatening to report her to Households SA,” Judge Tilmouth mentioned.

“You had grown really distressed about the situation and wished to place a quit to it.”

You arrived at the home significantly intoxicated, kicked the door in and entered brandishing a samurai sword, you claim for protection.

Judge Sydney Tilmouth

The court heard Luke went to his daughter’s property at Naracoorte in February, where the brothers of her mother’s partner were staying.

He kicked the door in and thrust a samurai sword at them.

“You arrived at the home significantly intoxicated, kicked the door in and entered brandishing a samurai sword, you claim for protection,” Judge Tilmouth stated.

“You uttered a quantity of threats and assaulted your daughter’s two step-uncles by thrusting the samurai sword at them. Fortunately no get in touch with was created by the sword and no-a single was injured.”

The court heard the two victims forced him out of the property and physically restrained him to the point where he had to be admitted to hospital with head, facial and leg injuries.

“It appears that you had been taunted into taking action, that items got out of hand and that you came out of the exchange quite a lot second ideal,” Judge Tilmouth said.

Luke suffered with alcohol issues

Judge Tilmouth said it was clear the man had suffered from difficulties with alcohol as properly as mental wellness issues.

“The abuse of alcohol has led to the commission of preceding offences involving violence in 2004 and 2012. You have given that secured stable Housing SA accommodation in Mount Gambier and you last held steady perform in 2014.”

The court heard the offences breached a great behaviour bond for a preceding assault charge.

Soon after his arrest in February, Luke spent a total of 39 days in custody as effectively as eight months on property detention bail.

Judge Tilmouth stated he was prepared to excuse the breach.

“In light of the unusual situations, and specifically given that you have served two-thirds of the two-month sentence, there are suitable grounds to excuse the breach, so it is appropriate to find established the breaches of every single application and to refrain from revoking that sentence,” he stated.

Judge Tilmouth imposed a sentence of seven months imprisonment, which he suspended on condition the man enter into a additional very good behaviour bond.

“Because you have produced significant changes for the better and simply because community service was such a achievement, there is very good explanation to suspend the sentence of seven months imprisonment, as soon as you enter into a bond to be of good behaviour for a period of two years.”

Luke was also ordered to carry out 250 hours of community service.

Subjects: law-crime-and-justice, courts-and-trials, naracoorte-5271, sa

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Sentence provided to ex-Bega Cheese boss doesn’t reflect seriousness of crimes, court told

By Ursula Malone

Posted December 02, 2015 17:45:29

The 13-year maximum sentence given to former Bega Cheese boss Maurice Van Ryn was “manifestly inadequate” and failed to reflect the seriousness of his child sexual assault crimes, the Court of Appeal has heard.

Van Ryn was sentenced to 13 years in jail, with a non-parole period of seven years, right after pleading guilty to the abuse of nine boys and girls among 2003 and 2014 on the New South Wales South Coast.

Appearing for the crown in the Court of Appeal, Sally Dowling SC stated the sentencing judge erred in not taking into account proof of grooming.

She said the offences had been not a “brain snap” as Van Ryn had claimed throughout the trial.

Rather, she said, there was a “modus operandi” whereby Van Ryn enticed youngsters with gifts of income and sweets.

In one case she stated the successful businessman had taken a boy on an overnight trip to Canberra, throughout which he gave him alcohol and showed him pornography before sexually assaulting him.

“In my submission, the causes for rejecting a finding of grooming are totally unconvincing and not supported by the evidence,” Ms Dowling mentioned.

His offending, she said, was premeditated and cynical.

Many of Van Ryn’s victims and their families listened in the public gallery as the crown challenged the sentencing judge’s obtaining that Van Ryn had shown “deep contrition”.

“He consistently minimised and downplayed his function. The obtaining of deep contrition was not appropriately obtainable,” the crown submitted.

Appearing for Van Ryn, Stephen Odgers SC said the sentence imposed was the proper a single.

He stated while on the face of it the sentence appeared to be lenient, it was his submission that the Court of Appeal would not be happy it was inadequate.

He stated Van Ryn was taking drugs to minimize his sex drive and his testosterone levels had dropped down virtually to practically nothing.

Mr Odgers said his client’s willingness to submit to this remedy was proof of his contrition.

“It was open to the judge to conclude he was most likely to be able to maintain that regime and it was likely he would not reoffend,” he mentioned.

The panel of 3 judges adjourned to think about the appeal and was expected to provide its choice in the new year.

Topics: crime, law-crime-and-justice, courts-and-trials, bega-2550, nsw

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