R v McGarrigle [2021] NSWDC 780

R v McGarrigle [2021] NSWDC 780

The offender committed a very serious firearm offence against a member of the community while on parole, using a loaded shortened firearm in a unit block and causing a gunshot injury. The Form 1 conduct increased the sentence for the principal offence. Although the offender was young, immature, drug addicted, affected by limited rehabilitation opportunities and COVID-19 prison restrictions, and had some basis for special circumstances, the seriousness of the offending, his record, need for deterrence and community protection required a substantial custodial sentence. The possess firearm offence required an independent sentence because possession extended beyond the conduct taken into...

Jurisdiction
Australia
Judgment Date
05 November 2021
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas in the Local Court, With a Form 1 Matter Taken Into Account and a S 166 Criminal Procedure Act 1986 Certificate
Outcome
The offender was convicted and sentenced to a total sentence including 7 years 6 months imprisonment for discharging a firearm with intent to cause grievous bodily harm, with a non-parole period of 4 years 3 months, and a fixed term of 12 months imprisonment for possession of a shortened firearm.
Legal Topics
['discharge Firearm With Intent to Cause Grievous Bodily Harm' 'possess Shortened Firearm Without Authority' 'guilty Plea Discount' 'form 1 Offences' 'parity' 'covid 19 Custody Restrictions' 'special Circumstances' 'drug Rehabilitation']
['criminal Law' 'sentencing'] ['discharge Firearm With Intent to Cause Grievous Bodily Harm' 'possess Shortened Firearm Without Authority' 'guilty Plea Discount' 'form 1 Offences' 'parity' 'covid 19 Custody Restrictions' 'special Circumstances' 'drug Rehabilitation']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas in the Local Court, With a Form 1 Matter Taken Into Account and a S 166 Criminal Procedure Act 1986 Certificate

Legal Issues

  1. 1 ['What sentence should be imposed for discharging a firearm with intent to cause grievous bodily harm, taking into account the Form 1 offence of using an offensive weapon with intent to commit a serious indictable offence.' 'What sentence should be imposed for possession of a shortened firearm on a s 166 Criminal Procedure Act 1986 certificate.' "How the offender's guilty pleas, youth, immaturity, criminal record, parole status, drug use, COVID-19 custody restrictions, rehabilitation prospects, risk of institutionalisation and parity with Pratt should affect sentence."]

Ratio Decidendi

The offender committed a very serious firearm offence against a member of the community while on parole, using a loaded shortened firearm in a unit block and causing a gunshot injury. The Form 1 conduct increased the sentence for the principal offence. Although the offender was young, immature, drug addicted, affected by limited rehabilitation opportunities and COVID-19 prison restrictions, and had some basis for special circumstances, the seriousness of the offending, his record, need for deterrence and community protection required a substantial custodial sentence. The possess firearm offence required an independent sentence because possession extended beyond the conduct taken into...

Court Disposition

The offender was convicted and sentenced to a total sentence including 7 years 6 months imprisonment for discharging a firearm with intent to cause grievous bodily harm, with a non-parole period of 4 years 3 months, and a fixed term of 12 months imprisonment for possession of a shortened firearm.

Orders

  • ['For the possess firearm matter on the s 166 certificate, a fixed term of 12 months imprisonment commencing on 12 October 2020 and expiring on 11 October 2021.' 'If necessary, a firearms destruction order is made.' 'For discharging a firearm with intent to cause grievous bodily harm, taking into account the Form 1...