| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2020 0093
| THE QUEEN | Crown |
| v | |
| ALEC TOBY HARVEY | Accused |
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JUDGE: | Taylor J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 5 August 2020 |
DATE OF SENTENCE: | 13 August 2020 |
CASE MAY BE CITED AS: | R v Harvey |
MEDIUM NEUTRAL CITATION: | [2020] VSC 496 |
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CRIMINAL LAW – Sentence – False imprisonment – Intentionally causing injury – Assisting an offender – Accused in company assaulted and restrained victim – Weapons used –Victim unknown to accused - Victim thought to be a sexual offender – Accused departed and co-accused further assaulted and murdered victim – Accused later disposed of murder weapon – Vigilantism – Denunciation – General deterrence – Specific deterrence – Moderate prospects for rehabilitation – Verdins considerations – Crimes Act1958 ss 18, 320 and 325 – Total effective sentence of eight years and six months with non-parole period of five years and six months.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R Gibson QC with Mr T Bourbon | Office of Public Prosecutions |
| For the Accused | Mr J Saunders | Theo Magazis & Associates |
HER HONOUR:
Alec Toby Harvey, you have pleaded guilty to charges of false imprisonment, intentionally causing injury and assisting an offender.
The maximum penalties for these crimes are imprisonment for ten years, ten years and twenty years[1] respectively.
[1]Where principal offence is punishable by life imprisonment: Crimes Act 1958, s 325.
Summary of offending
The circumstances of your offending are extremely serious.
On 2 December 2018 you were part of a group of four men who attacked, restrained and assaulted Bradley John Lyons in the bedroom of his home. You were armed with a tyre lever. Another was armed with a sawn-off shot gun.
While you left the scene with one other man – and the hard drive of the CCTV recorder which had captured your behaviour – and did not thereafter participate in the torture and execution of Mr Lyons, you did later, in full knowledge of his murder, dispose of the murder weapon, a .410 calibre shotgun.
Your offending is imbued with the arrogant righteousness of vigilantism.
Mr Lyons lived at a house in Lakes Entrance with his wife, Jana Hooper, and eight children. Three of them, aged eight, six and four, were his biological children. Four of them, aged 16, 14, 13 and ten, were Hooper’s biological children. One, aged four months, was Hooper’s grandchild and child of her 16 year old daughter. Mr Lyons was aged 30 years. Hooper was aged 35 years.
In November 2018 Hooper told a female friend that she believed Mr Lyons was the father of her 16 year old daughter’s child and had also made her 14 year old daughter pregnant. Hooper further stated her belief that Mr Lyons had installed a camera in the bathroom. Hooper also made these allegations to Albert Thorn.
Thorn, together with Nicholas Stefani, who lived in a bungalow at the rear of the Lakes Entrance house,…
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- AGLC
- R v Harvey [2020] VSC 496
- Case
- [2020] VSC 496
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the appropriate weight to give to the various offences, the defendant's level of participation and culpability, and the considerations relevant to sentencing under the Verdins principles. The court had to balance the defendant's role in the initial assault and his assistance in disposing of the murder weapon against his departure from the scene before the fatal assault occurred. Additionally, the court needed to consider the potential for the defendant's rehabilitation and the broader societal impacts of the sentence, including denunciation and deterrence.
The court determined that the defendant's actions, while serious, did not place him at the epicentre of the criminal activity. It was noted that the defendant had left the scene before the fatal assault and did not participate in the murder itself. However, his initial involvement and subsequent assistance in disposing of the murder weapon meant he shared responsibility for the outcome. The court found that the defendant had moderate prospects for rehabilitation and that a sentence needed to serve both general and specific deterrence. After considering all relevant factors, the court imposed a total effective sentence of eight years and six months imprisonment, with a non-parole period of five years and six months. This sentence aimed to appropriately reflect the gravity of the crimes while also considering the defendant's potential for rehabilitation and the broader societal implications.
Orders
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Background to the litigation
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Evidence
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