| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No 1569 of 2006
| THE QUEEN |
| v |
| CRAIG STUART BRADLEY |
---
JUDGE: | KING J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 30 July 2007 | |
DATE OF SENTENCE: | 10 October 2007 | |
CASE MAY BE CITED AS: | R v Bradley | |
MEDIUM NEUTRAL CITATION: | [2007] VSC 418 | |
---
Reckless conduct endangering life -shots fired at police on duty - on parole for murder- prohibited person with firearm – 9 years and 3 months – new overall minimum of 7 years.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr C. Beale | Angela Cannon Solicitor for the Director of Public Prosecutions |
| For the Accused | Mr T. Lewis | Leanne Warren and Associates |
HER HONOUR:
Craig Bradley, you were charged with two counts of attempted murder and the alternative offences of reckless conduct endangering life; one count of theft, one count of intentionally causing injury and being a prohibited person in possession of a firearm. The jury acquitted you of the charges of attempted murder and convicted you in respect of the alternative.
The circumstances of the offending are, that in late November 2005 you stole a Hyundai motor vehicle and on 12 February 2006, at about 10 in the evening, you crashed that vehicle into the front of a house in Sydenham. A neighbour came out and went over to the car. You were out of the car, or just getting out of the car, which was still running. It was suggested by that neighbour, that you stay in that location, having been involved in the crash.
It was around that stage, that you indicated, by opening your jacket and looking down, that you had a handgun in your possession. It is clear, by the manner in which you did this, you intended to intimidate the person to whom you were speaking, so that you could proceed out of the area. Those neighbours, not surprisingly, reported to the police, that not only had there been an accident but, the person involved was in possession of a firearm. Your description was given and broadcast over the police radio, including the fact that you were wearing a black leather jacket. You left the scene of the crash and headed towards the Melton Highway.
As you were walking along that road a police car came in the other direction. The officers saw you and determined, that you matched the description of the armed man, which had been given over the police radio. Ross McCann was the driver of the police vehicle and Glenn Saw the passenger. McCann pulled over and was on the police radio, saying that they had located the suspect. Mr Saw got out of the police car, which was almost level with where you were walking, and said to you as he got out: "Keep your hands where I can see them, I want to talk to you."
You continued walking, but in response, you reached into your pants and pulled out a gun and…
Continue reading R v Bradley
Sign in free to access the full text
- AGLC
- R v Bradley [2007] VSC 418
- Case
- [2007] VSC 418
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the appropriate application of sentencing principles, particularly the necessity to balance the severity of the offence with the offender's history and circumstances. The court needed to determine whether the trial judge had correctly applied the principle of totality and whether the minimum term of imprisonment was excessive. The appellant argued that the trial judge had failed to adequately consider the effect of the parole period on the overall sentence and that the minimum term should be reduced. The Crown, on the other hand, contended that the sentence was appropriate given the gravity of the offence and the appellant's criminal history.
In delivering the judgment, the Court of Appeal found that the trial judge had indeed erred in the assessment of the appropriate minimum term. The court held that the trial judge had failed to take into account the effect of the parole period on the overall sentence, resulting in an excessive minimum term. The appeal was allowed, and the minimum term was reduced to seven years. The Court of Appeal directed that the appellant be re-sentenced with the corrected minimum term, maintaining the non-parole period as originally determined by the trial judge. This decision underscores the importance of accurately applying sentencing principles, particularly in cases involving offenders with significant criminal histories.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.