R v Handsaker [2016] NSWDC 304

R v Handsaker [2016] NSWDC 304

The offender committed serious planned offences involving the theft of multiple firearms and repeated attempts to dissuade a witness from giving evidence, and also possessed an unauthorised firearm. The court was not satisfied that the theft was motivated solely by anger at the offender's father or any plan to destroy the firearms. Full-time custody was required, with general deterrence, personal deterrence, guilty pleas, assistance in recovering firearms, the offender's background, drug use, uncertain rehabilitation prospects and special circumstances taken into account. An aggregate sentence of 5 years imprisonment with a non-parole period of 2.5 years was imposed.

Jurisdiction
Australia
Judgment Date
12 May 2016
Procedural Posture
Criminal Sentencing / Sentence
Outcome
The offender was sentenced to an aggregate sentence of imprisonment consisting of a non-parole period of 2.5 years with a head sentence of 5 years, with Form 1 matters taken into account.
Legal Topics
['break Enter and Steal' 'do an Act With Intent to Influence Witness' 'possess Unauthorised Firearm' 'form 1' 's 166 Certificate' 'general Deterrence' 'special Circumstances' 'assistance to Authorities' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['break Enter and Steal' 'do an Act With Intent to Influence Witness' 'possess Unauthorised Firearm' 'form 1' 's 166 Certificate' 'general Deterrence' 'special Circumstances' 'assistance to Authorities' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for break, enter and steal involving firearms and doing an act with intent to influence a witness, with Form 1 matters taken into account.' 'What sentence should be imposed for possessing an unauthorised firearm dealt with on a s 166 certificate.' 'Whether the offender established that his motivation in stealing the firearms was simply to destroy them to get back at his father.' "What allowance should be made for the offender's guilty pleas, assistance to authorities, remorse, background, drug use, rehabilitation prospects and need for deterrence." 'Whether special circumstances should be found to allow an extended period of parole supervision.']

Ratio Decidendi

The offender committed serious planned offences involving the theft of multiple firearms and repeated attempts to dissuade a witness from giving evidence, and also possessed an unauthorised firearm. The court was not satisfied that the theft was motivated solely by anger at the offender's father or any plan to destroy the firearms. Full-time custody was required, with general deterrence, personal deterrence, guilty pleas, assistance in recovering firearms, the offender's background, drug use, uncertain rehabilitation prospects and special circumstances taken into account. An aggregate sentence of 5 years imprisonment with a non-parole period of 2.5 years was imposed.

Court Disposition

The offender was sentenced to an aggregate sentence of imprisonment consisting of a non-parole period of 2.5 years with a head sentence of 5 years, with Form 1 matters taken into account.

Orders

  • ['An aggregate sentence was imposed consisting of a non-parole period of 2.5 years and a head sentence of 5 years.' 'The sentence was to date from 22 November 2015.' 'The non-parole period was to expire on 21 May 2018, on which day the offender was eligible to be released to parole.' 'A finding of special...