Event and Time
Event Description
- Case Name: Bayden McKinnon
- Charges:
- Criminal damage (s 197(1) Crimes Act 1958) - Threat to kill (s 20 Crimes Act) - Possession of firearm by prohibited person (s 5 Firearms Act 1996) - Persistent contravention of Family Violence Intervention Order (s 125A Family Violence Protection Act 2008) - Attempt to pervert the course of justice (Common Law)
- Summary Offences:
- Contravene conduct condition of bail (s 30A(1) Bail Act 1977) - Commit indictable offence on bail (s 30B Bail Act)
Application and Claims
- Defendant Pleas: Pleaded guilty to all charges.
- Circumstances of Offending: Involved domestic violence, threats towards the victim (Rhiannon Ogilvy), and possession of firearms.
- Background: Relationship with Rhiannon Ogilvy, three children, prior granted Family Violence Intervention Order.
Judicial Decisions
- The defendant was sentenced after being found guilty of multiple charges, with detention sentences reflective of the severity of the crimes, acknowledging his guilty plea and circumstances of rehabilitation.
Dispute Points and Legal Basis
Dispute Points
Prosecution:
- Claims:
- Emphasized the serious nature of threats made to the victim and the possession of a firearm while prohibited. - Highlighted the need for public safety and deterrence.
- Arguments:
- Emphasized the psychological impact on the victim and the community. - Requested a sentence that denounces the serious nature of the offenses.