BRISBANE - The Gold Coast's Lacey brothers, who forced a torture victim to dig his own grave and shot him in the hand, have had six years added to their prison sentences and been declared serious violent offenders.
Jade Lacey, 27, and Dionne Lacey, 23, were found guilty after a trial in March in the Brisbane District Court of assault occasioning bodily harm while armed in company, extortion, threatening violence, torture, malicious act with intent and deprivation of liberty.
The charges relate to victim Owen Colin Matthews, who the brothers believed had stolen 500 ecstasy pills.
They took him to a deserted island on the Gold Coast in 2007 in an attempt to extort money amounts of $13,000 (NZD$16,565) and then $50,000 (NZD$63,600) for the missing drugs.
The brothers forced Mr Matthews to dig his own grave at gunpoint and shot him in the hand, before later setting him free.
The brothers are also currently serving jail terms in relation to the shooting death of friend Kevin Palmer, just weeks later in 2007.
Crown prosecutor Michael Byrne SC had sought a further eight years and called for the brothers to be labelled serious violent offenders - meaning they would need to serve 80 per cent of their sentence.
Both brothers have served two years in custody while awaiting the trial for Mr Palmer's killing, but this cannot be taken into account for this sentence.
Judge Tony Rafter handed down the six-year sentence increase and declared they were serious violent offenders in the Brisbane District Court on Friday.
Jade will be eligible for parole in May 2020 and his brother Dionne in May 2026.
Part-way through Judge Rafter's sentencing, Jade sat back down and said he felt ill.
Earlier on Friday, the defence barrister Kelly Macgroarty said the violent episodes were out of character and the brothers had been struggling to deal with the sudden death of their beloved grandfather from cancer and their parents' divorce.
Judge Rafter rejected arguments from defence lawyers that the pair had showed remorse.
However, he noted educational programs undertaken in prison and good behaviour.
"Your treatment of the victim was callous and cruel, assaulting him with baseball bats ... subjecting him to torture," he said.
"Your efforts to rehabilitate are encouraging but I'm not satisfied you are remorseful."
The court heard the victim was handcuffed to a cupboard in the laundry in the brothers' apartment, and given takeaway food on one occasion.
Jade told the victim, he and his brother were "nice killers to give him a feed", the court was told.
In his sentencing remarks, Judge Rafter said the victim, Mr Matthews, feels his life has been destroyed by the ordeal.
He also mentioned the considerable trauma to the victim's mother Paula, who had been harassed for money by the pair.
Outside court, millionaire milkman and father Ken Lacey told reporters his family was disappointed with the decision.
"Judges are supposed to stand up for justice, there was no justice there," he said.
Paula Matthews broke down as she left the court complex and said she could never forgive the Laceys for what they did.
- AAP
Six more years for Lacey brothers
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