R v Janezic; R v Presbury [2020] NSWDC 177

R v Janezic; R v Presbury [2020] NSWDC 177

Both offenders were found in possession of unregistered firearms discovered under jointly described circumstances. The sentences take into account mitigating subjective factors, early guilty pleas, lack of evidence of use or planned criminal activity with the weapons, and the co-offenders' respective criminal histories. For Janezic, cognitive disadvantage and adverse background lowered moral culpability and justified an extended parole period. For Presbury, despite cognitive challenges and lack of prior incarceration, the facts and aggregate consideration of further offences (drugs, money, ammunition, weapon) crossed the custodial line, mitigating only the total length and parole ratio.

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Criminal / Sentencing
Outcome
Janezic: Imprisonment with a non-parole period; Presbury: Aggregate imprisonment with a non-parole period; conditional liberty orders in Presbury's case revoked with no further penalty imposed.
Legal Topics
['drug Offences' 'firearms Offences' 'money Laundering' 'sentencing—co Offenders' 'sentencing—form 1 Offences']
['criminal Law'] ['drug Offences' 'firearms Offences' 'money Laundering' 'sentencing—co Offenders' 'sentencing—form 1 Offences']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for possession of multiple unregistered firearms' 'Consideration of offences involving proceeds of crime and drug possession' 'Impact of cognitive disability and psychological history on sentencing' 'Application of Form 1 offences in aggregate sentencing' 'Determination of seriousness and context of the offences']

Ratio Decidendi

Both offenders were found in possession of unregistered firearms discovered under jointly described circumstances. The sentences take into account mitigating subjective factors, early guilty pleas, lack of evidence of use or planned criminal activity with the weapons, and the co-offenders' respective criminal histories. For Janezic, cognitive disadvantage and adverse background lowered moral culpability and justified an extended parole period. For Presbury, despite cognitive challenges and lack of prior incarceration, the facts and aggregate consideration of further offences (drugs, money, ammunition, weapon) crossed the custodial line, mitigating only the total length and parole ratio.

Court Disposition

Janezic: Imprisonment with a non-parole period; Presbury: Aggregate imprisonment with a non-parole period; conditional liberty orders in Presbury's case revoked with no further penalty imposed.

Orders

  • ['Janezic convicted; sentence of 2 years 6 months imprisonment from 27 April 2019, non-parole period of 1 year expiring 26 April 2020, balance on parole expiring 26 October 2021.' 'Presbury convicted; aggregate sentence of 3 years 3 months imprisonment from 27 April 2019, non-parole period of 1 year 8 months...