R v Corey Smith [2018] NSWDC 501

R v Corey Smith [2018] NSWDC 501

The offender's crimes required full-time imprisonment. The aggravated break, enter and steal offence was at the high end of the low range of objective seriousness, and the firearms offences were at the lower end of the mid-range. After accounting for aggravating factors, the offender's deprived background, guarded rehabilitation prospects, specific and general deterrence, Form 1 and s166 matters, a 25% guilty plea discount, special circumstances, and totality, the appropriate effective sentence was six years imprisonment with a non-parole period of four years, backdated to 1 July 2017.

Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas and Committal for Sentence in the District Court
Outcome
The offender was convicted on five counts and sentenced to an effective term of six years imprisonment with a non-parole period of four years, commencing 1 July 2017 and expiring 30 June 2023, with eligibility for parole on 30 June 2021.
Legal Topics
['aggravated Break, Enter and Steal' 'possession of Unauthorised Prohibited Firearms' 'form 1 Offences' 'related Offences Under S166 Certificate' 'guilty Plea Discount' 'standard Non Parole Periods' 'special Circumstances' 'totality, Concurrency and Accumulation']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'possession of Unauthorised Prohibited Firearms' 'form 1 Offences' 'related Offences Under S166 Certificate' 'guilty Plea Discount' 'standard Non Parole Periods' 'special Circumstances' 'totality, Concurrency and Accumulation']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas and Committal for Sentence in the District Court

Legal Issues

  1. 1 ['What sentences should be imposed for aggravated break, enter and steal, two counts of possessing an unauthorised prohibited firearm, and two related firearms prohibition order offences.' 'How the Form 1 offences and s166 related offences should be taken into account on sentence.' 'Assessment of objective seriousness for the aggravated break and enter offence and the firearms offences.' 'Whether full-time imprisonment was required and how totality, concurrency and accumulation should be applied.' 'What discount should be allowed for the guilty pleas and whether special circumstances justified departure from the statutory ratio.']

Ratio Decidendi

The offender's crimes required full-time imprisonment. The aggravated break, enter and steal offence was at the high end of the low range of objective seriousness, and the firearms offences were at the lower end of the mid-range. After accounting for aggravating factors, the offender's deprived background, guarded rehabilitation prospects, specific and general deterrence, Form 1 and s166 matters, a 25% guilty plea discount, special circumstances, and totality, the appropriate effective sentence was six years imprisonment with a non-parole period of four years, backdated to 1 July 2017.

Court Disposition

The offender was convicted on five counts and sentenced to an effective term of six years imprisonment with a non-parole period of four years, commencing 1 July 2017 and expiring 30 June 2023, with eligibility for parole on 30 June 2021.

Orders

  • ['For H6516216/22, possess an unauthorised prohibited firearm in breach of s7(1) of the Firearms Act, taking into account sequences 18 and 20 on the Form 1: imprisonment for two years and three months after a 25% discount, with a non-parole period of one year and four months, commencing 1 July 2017, non-parole...