R v Lynch [2024] NSWDC 168

R v Lynch [2024] NSWDC 168

An aggregate sentence of 16 years with a 12 year non-parole period was warranted because, apart from the supply offences which were mid-range, the offender's firearm offending was at or near the highest range of objective seriousness. He persistently carried a loaded shortened prohibited pistol contrary to an FPO, used and threatened it in violent criminal circumstances, deliberately discharged it towards Zach Roberts after the gun had already discharged and injured Kayne Pacey, had no remorse or insight, had a serious violent and firearm-related criminal history, and posed a high risk of re-offending. The Court allowed statutory discounts for the guilty pleas and some leniency for the...

Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas to Firearm Offences and Acquittals on Two Trial Charges
Outcome
Offender sentenced to an aggregate term of 16 years imprisonment with a non-parole period of 12 years imprisonment.
Legal Topics
['discharge Firearm in Manner Dangerous' 'possess Prohibited Pistol' 'supply Firearm' 'supply Pistol' 'contravene Firearms Prohibition Order' 'aggravating and Mitigating Factors' 'general Deterrence' 'bugmy Principles' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['discharge Firearm in Manner Dangerous' 'possess Prohibited Pistol' 'supply Firearm' 'supply Pistol' 'contravene Firearms Prohibition Order' 'aggravating and Mitigating Factors' 'general Deterrence' 'bugmy Principles' 'aggregate Sentence' 'non Parole Period']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas to Firearm Offences and Acquittals on Two Trial Charges

Legal Issues

  1. 1 ['Assessment of objective seriousness for possession of a loaded prohibited pistol, discharge of a firearm in a manner dangerous, supply of firearms and possession of firearms in contravention of a Firearms Prohibition Order.' "Whether facts consistent with the jury's acquittals, including that the offender possessed and handled the loaded pistol immediately before Kayne Pacey was shot, could be taken into account in sentencing for the possession and discharge offences." "What discounts should be allowed for the timing of the offender's guilty pleas." "Whether the offender's deprived upbringing and Indigenous background warranted leniency under Bugmy v The Queen (2013) 249 CLR 571." 'Assessment of remorse, prospects of rehabilitation, risk of re-offending, community protection, parity, totality and sentence commencement date.']

Ratio Decidendi

An aggregate sentence of 16 years with a 12 year non-parole period was warranted because, apart from the supply offences which were mid-range, the offender's firearm offending was at or near the highest range of objective seriousness. He persistently carried a loaded shortened prohibited pistol contrary to an FPO, used and threatened it in violent criminal circumstances, deliberately discharged it towards Zach Roberts after the gun had already discharged and injured Kayne Pacey, had no remorse or insight, had a serious violent and firearm-related criminal history, and posed a high risk of re-offending. The Court allowed statutory discounts for the guilty pleas and some leniency for the...

Court Disposition

Offender sentenced to an aggregate term of 16 years imprisonment with a non-parole period of 12 years imprisonment.

Orders

  • ['Aggregate sentence of 16 years imprisonment to commence 27 February 2023 and expire 26 February 2039.' 'Non-parole period of 12 years imprisonment to commence 27 February 2023, with first eligibility for parole on 26 February 2035.' 'Indicative sentence for Count 3 trial indictment: 8 years.' 'Indicative sentence...