Lying in court adds extra week to man’s prison sentence

Saturday 27 August 2022

A man has been sentenced to six-months and one week in prison for threatening violence and resisting arrest. He also failed to surrender to custody on time, without reasonable excuse, on the morning of his sentencing.

Kyle Aaron Owen Hall (35) was sentenced in the Magistrate’s Court on Thursday for the offences which occurred 31 July 2021 and 25 August 2022.

The defendant was due to go before the Court at 09:30 but failed to arrive on time.

Hall initially claimed his lateness was due to a pre-booked taxi not arriving on time, but Judge Gary Perry said he was “dubious of that explanation” and asked if the defendant would take an oath to verify when the taxi was booked.

After taking instructions from Hall, Defence Advocate Oliver Fattorini corrected the explanation saying that his client had actually been picking up a prescription from Stonelakes and then missed his bus to Court.

Judge Perry said that was not a reasonable excuse to delay criminal proceedings and recessed the Court so that an extra charge could be drawn up by the Greffier. 

Once the failing to surrender charge was added proceedings resumed, and Hall pleaded guilty to the new charge.

Hall also pleaded guilty to the charge of resisting arrest, and not guilty to using or threatening unlawful violence towards three victims. He was subsequently found guilty at a trial on May 4. 

Pictured: Hall was picking up a prescription before his appearance in Court, which caused him to miss his bus to town.

Prosecuting Advocate Marc Davies reminded the Court of events from the trial, where body worn camera footage showed Hall “kicking out” and “struggling” with police officers, making several verbal threats.

Advocate Davies said the police then decided to use incapacitant spray, but the “resisting behaviour continued”. 

Hall was eventually carried by “a number of officers” into a police van. The victims were said to have been terrified by the events preceeding the arrest. 

Advocate Fattorini recognised that both the events of that evening, and earlier that morning in Court, “did not paint a very good picture”. 

Nevertheless, he added that Hall was determined to address his personal issues: “He is measurably mellowing and improving himself… he feels he is too old to be getting into trouble."

Advocate Fattorini also insisted that Hall wasn’t deliberately avoiding court, saying he was “merely late”. 

Pictured: Hall was sent to Les Nicolles.

Judge Perry said the evidence against Hall was “overwhelming”.

“You told me a bare-face lie today – I’m flattered you think I look like I was born yesterday, but I wasn’t,” he said.

“You’ve had all the chances… it is my view that the resisting was at the top end of the scale.”

Judge Perry sentenced Hall to four months in prison for the first charge, two months for resisting, and one week for failing to surrender. He ordered the sentences to run consecutively totaling six months and one week in Les Nicolles.