R v Gavranich [No 3] (Sentence) [2019] NSWDC 225

R v Gavranich [No 3] (Sentence) [2019] NSWDC 225

The offending required a substantial custodial sentence because it involved domestic violence intimidation, the use of a loaded shortened firearm, forced entry into the victim's home, offending while on parole and a prior criminal history. However, the sentence was moderated by the offender's youth, immaturity, difficulties adjusting after lengthy custody, rehabilitation prospects, support available on release, early guilty pleas for three offences, concurrence between closely related firearm offences, and special circumstances warranting extended parole supervision. Some accumulation was required between the firearm-video episode and the later aggravated break and enter because they were...

Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Criminal Sentencing / Sentence Following Early Guilty Pleas on Firearm Related Offences and Conviction After Judge Alone Trial for Aggravated Break and Enter
Outcome
Aggregate sentence of five years nine months with a non-parole period of three years three months.
Legal Topics
['domestic Violence Offences' 'firearms Offences' 'aggravated Break and Enter' 'offending on Parole' 'special Circumstances' 'accumulation and Concurrence' 'non Parole Period']
['criminal Law' 'sentencing'] ['domestic Violence Offences' 'firearms Offences' 'aggravated Break and Enter' 'offending on Parole' 'special Circumstances' 'accumulation and Concurrence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Early Guilty Pleas on Firearm Related Offences and Conviction After Judge Alone Trial for Aggravated Break and Enter

Legal Issues

  1. 1 ['What aggregate sentence and non-parole period should be imposed for the four offences.' 'How to sentence for domestic violence offending involving intimidation and use of a firearm.' 'Whether and how to accumulate or make concurrent sentences for firearm offences and aggravated break and enter.' 'What commencement date should apply given the offender committed the offences while on parole.' 'Whether special circumstances justified variation from the statutory ratio between head sentence and non-parole period.']

Ratio Decidendi

The offending required a substantial custodial sentence because it involved domestic violence intimidation, the use of a loaded shortened firearm, forced entry into the victim's home, offending while on parole and a prior criminal history. However, the sentence was moderated by the offender's youth, immaturity, difficulties adjusting after lengthy custody, rehabilitation prospects, support available on release, early guilty pleas for three offences, concurrence between closely related firearm offences, and special circumstances warranting extended parole supervision. Some accumulation was required between the firearm-video episode and the later aggravated break and enter because they were...

Court Disposition

Aggregate sentence of five years nine months with a non-parole period of three years three months.

Orders

  • ['The aggregate sentence is five years and nine months.' 'The sentence commences on 31 March 2018.' 'The non-parole period is three years and three months, commencing on 31 March 2018 and expiring on 30 June 2021.' 'The offender is eligible for consideration for release to parole on 30 June 2021.' 'There is a parole...