Hindley St siege gunman Damien Keith Hall not a serious repeat criminal, court told

A GUNMAN who sexually assaulted a sleeping woman, and later took his ex-partner and children on a high-speed chase that ended in a police shoot-out, does not qualify under state law as a serious repeat criminal, a court has heard.

• October 2017: Hindley St gunman says he had not slept for 10 days
• September 2017: Siege gunman says he never threatened daughter
• How siege unfolded: Gunshot that ended a night of chaos
• Witness’ shock: ‘I’m surprised no one was killed’
• Neighbour: ‘We all just feared the worst’

A GUNMAN who sexually assaulted a sleeping woman, and later took his ex-partner and children on a high-speed chase that ended in a police shoot-out, does not qualify under state law as a serious repeat criminal, a court has heard.

On Tuesday, the District Court was told Damien Keith Hall’s criminal actions were insufficient to warrant him receiving a harsher-than-usual prison term, as allowed under sentencing legislation.

Lucy Boord, prosecuting, said state law held any offender convicted of three serious crimes could receive such a punishment but argued Hall did not fit the bill.

Damien Keith Hall led police on a dramatic chase that ended with him being shot in Hindley St. Picture: Facebook

“The indecent assault amounts to an offence that would be considered serious, as do three of the four offences committed during the chase and siege,” she said.

“But those siege offences make up a single occurrence, so as it stands he has two convictions in relation to serious offending, not three.

“That’s a long-winded way of saying he effectively has two strikes now and, on commission of any other serious offence, it will be mandatory to declare him a serious repeat offender.”

Hall, 26, is awaiting sentencing for offences including false imprisonment and threatening to kill or endanger the life of a person.

Damien Keith Hall does not qualify under state law as a serious repeat criminal. Picture: Facebook

In November 2016, he went to the Cumberland Park home of his former partner and, while armed with a fake gun, forced her and their children — aged three and seven months — into a car.

After threatening the woman’s neighbour, he led police on a high-speed chase — with his family still in the car — that lasted 90 minutes despite the use of a police helicopter and road spikes.

Hall drove through Rundle Mall and down Hindley St, where he threatened police with the cap gun before STAR Group officers fired a single shot, ending the incident.

Police at the scene of the car chase and shooting in Hindley Street in 2016. Picture: 9 News

He initially faced a maximum 20-year jail term, but brokered a plea bargain, which led to that penalty being taken off the table.

On Tuesday, Ms Boord said those offences occurred 12 months after Hall indecently assaulted another woman — a crime to which he has also pleaded guilty.

“That was a serious example of sexual offending, occurring when (the victim) had shown kindness to him,” she said.

“There was also a breach of trust, as it occurred when she was vulnerable because she was sleeping.”

She said Hall faced a maximum eight-year penalty for that offence, and up to 18 years for the siege offences, but had earned a sentencing discount of up to 30 per cent due to his confessions.

“The siege was, without question, terrifying,” she said.

“It was terrifying for the woman and her children, it was terrifying for the STAR Group officers involved, it was terrifying for innocent bystanders.”

Yan Robson, for Hall, said her client had been significantly affected by drugs at the time of each set of offending — an addiction he had worked to kick while in custody.

“After his arrest he was held at the City Watch House where, unfortunately and perhaps understandably, he was in fear of the police officers who were going about their business,” she said.

“He was also in fear of the officers who took it upon themselves to indicate their abhorrence at his behaviour.”

She said Hall had written letters of apology to all those affected by his crimes.

“He acknowledges the suffering they’ve endured at his own hands and that he has certainly done the wrong thing by a number of people,” she said.

“He acknowledges the effect he has had on the police officers, in particular the officer that had to make the difficult decision to fire the shot that ended the matter.”

Ms Robson said Hall’s goal, upon his release, would be to work in the community teaching people “what not to do with their life” so no one else followed the “very sad and complicated path” he had taken.

“He seeks to stop the cycle, acknowledge his wrongdoing and, significantly, try to ensure his own children don’t suffer the same sort of experiences that he has,” she said.

Judge Michael Boylan remanded Hall in custody for sentencing next week.