R v Lacey

[1996] QCA 336

[1996] QCA 336

COURT OF APPEAL
THOMAS J
de JERSEY J

DOWSETT J

CA No 221 of 1996
THE QUEEN
v.

GREGORY CYRIL LACEY Applicant

BRISBANE
..DATE 20/08/96
200896 D.1 T9/DP M/T COA194/96
THOMAS J: This is an application for leave to appeal against a
sentence of nine months imprisonment imposed for a serious
assault. The applicant was aged 53 years at the time. He had
some previous convictions over a 30 year period for offences of
dishonesty, offensive behaviour and drink driving but no
previous convictions for an offence of the present kind.

The circumstances are rather bizarre. At 7.15 p.m. on the night in question the applicant rang the police station claiming that he had a hostage whom he was going to kill. He also made threats against the police saying that he was sick of police harassment. Police rang him back and he repeated his claims saying that the hostage was female and was tied up and that he was armed with two firearms. And after a further call the police went to the residence which was in darkness.

Some hours later they decided to enter the residence by forcing open the rear door. They called out that they were police. The appellant was then lying on a bed. One of the police asked where the girl was. The appellant was then described as rolling onto his stomach, getting up onto hands and knees and standing with his back to the policeman. He had a knife in his right hand which he swung backwards in an arc towards the policeman. The policeman swayed backwards to avoid the knife and then punched the appellant to the ground. The knife was removed. The appellant did not resist further. A search of the premises revealed no firearms or hostage. The applicant was heavily intoxicated.

200896 D.1 T9/DP M/T COA194/96
The policeman concerned said that the swing with the knife may
not have connected with him even if he had not instinctively
swayed back.

On the way back to the police station the appellant said to the police that he was sorry for having the knife and that he did not want to hurt cops.

The circumstances of this offence, in my view, have a number of serious features which outweigh the relevant circumstance that he was heavily intoxicated. One is the feature of copycat terrorism, another is the manifestation of the desire to harm police and another is that a knife was used. This particular applicant insisted upon a trial and was duly convicted. In all these circumstances I do not think it could be said that the sentence of nine months imprisonment was manifestly excessive and I would refuse the application.

de JERSEY J: I would for the same reasons.

DOWSETT J: I also agree.

THOMAS J: Application refused.

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