SUPREME COURT OF QUEENSLAND
CITATION:
R v LZY & Porter [2024] QSC 237
PARTIES:
R
v
LZY(first defendant)
R
v
TYE WAYNE PORTER(second defendant)
FILE NO:
Indictment No 84 of 2024
DIVISION:
Trial Division
PROCEEDING:
Sentence
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
Ex tempore on 4 October 2024
DELIVERED AT:
Brisbane
HEARING DATES:
11 March 2024; 22 April 2024; 27 August 2024
JUDGE:
Davis J
ORDERS:
LZY:
1. Count 1: 3 years’ detention.
2. Count 2: 12 months’ detention.
3. Count 3: 15 years’ detention.
4. Count 4: 2 years’ detention.
5. Order the periods of detention be served concurrently.
6. Order the defendant be released after serving 60 per cent of the sentences imposed.
7. In relation to count 3 only, order a conviction be recorded.
PORTER:
1. Count 1: 5 years’ imprisonment.
2. Count 2: 2 years’ imprisonment.
3. Count 3: 9 ½ years’ imprisonment.
4. Count 4: 4 years’ imprisonment.
5. Order the defendant be eligible for parole on 12 August 2029.
6. Order the period of presentence custody, being 600 days from 12 February 2023 to 3 October 2024 be declared as time served on the sentence imposed.
7. Convictions recorded on all counts on indictment.
CATCHWORDS:
CRIMINAL LAW – SENTENCE – RELEVANT FACTORS – NATURE AND CIRCUMSTANCES OF OFFENCE – GENERALLY – where the defendants formed an intention to steal a car – where an uber was ordered to the first defendant’s house – where the first defendant went into his house to arm himself and the second defendant with a knife and meat cleaver respectively – where the uber driver was forced at knifepoint into the luggage compartment of the car – where the first defendant then drove the vehicle to a remote location whilst the second defendant was in the passenger seat – where, upon arrival, the second defendant opened the luggage compartment and the first defendant instantaneously stabbed the uber driver – where the uber driver attempted to run away but fell to the ground – where the first defendant further stabbed the uber driver – where the stab wounds caused the death of the uber driver – where the defendants then returned to the stolen vehicle and drove away – where the defendants lit the car on fire with the weapons and blood-stained clothing inside the vehicle – where both defendants pleaded guilty to one count of armed robbery, in company, with personal violence; one count of unlawfully using a motor vehicle; and one count of arson – where the first defendant pled guilty to murder – where the second defendant pled guilty to manslaughter – what is the appropriate sentence
CRIMINAL LAW – SENTENCE – SENTENCING OF JUVENILES – RELEVANT FACTORS – where the first defendant was a juvenile at the time of the offending – where the juvenile pled guilty to murder – where the first defendant faces a maximum of 10 years’ imprisonment unless the offence was “particularly heinous” – where a finding of…
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- AGLC
- R v LZY & Porter [2024] QSC 237
- Case
- [2024] QSC 237
- Decision Date
CaseChat Overview and Summary
The court considered several factors in determining the sentences, including the nature and circumstances of the offence, the role of each defendant in the crime, and the impact on the victim. The first defendant armed himself with a knife and forced the victim into the luggage compartment of the car, while the second defendant armed himself with a meat cleaver. The first defendant then drove the vehicle to a remote location, where he stabbed the victim upon arrival. The second defendant opened the luggage compartment, allowing the first defendant to further assault the victim. The crime was premeditated and involved significant violence, which the court found to be particularly egregious.
In delivering the sentence, the court found that the offence committed by LZY was "particularly heinous" due to the extreme nature of the violence and the premeditation involved. LZY was sentenced to 15 years’ detention for the murder charge, to be served concurrently with sentences for the other charges. The court ordered that LZY be released after serving 60 per cent of the sentences imposed. Porter, the second defendant, was sentenced to 9 ½ years’ imprisonment for the manslaughter charge, with sentences for the other charges to run concurrently. Porter was also ordered to be eligible for parole on a specific date, and his presentence custody was declared as time served on the sentence imposed.
Orders
Orders of the court
LZY:
1. Count 1: 3 years’ detention.
2. Count 2: 12 months’ detention.
3. Count 3: 15 years’ detention.
4. Count 4: 2 years’ detention.
5. Order the periods of detention be served concurrently.
6. Order the defendant be released after serving 60 per cent of the sentences imposed.
7. In relation to count 3 only, order a conviction be recorded.
PORTER:
1. Count 1: 5 years’ imprisonment.
2. Count 2: 2 years’ imprisonment.
3. Count 3: 9 ½ years’ imprisonment.
4. Count 4: 4 years’ imprisonment.
5. Order the defendant be eligible for parole on 12 August 2029.
6. Order the period of presentence custody, being 600 days from 12 February 2023 to 3 October 2024 be declared as time served on the sentence imposed.
7. Convictions recorded on all counts on indictment.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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