R v Brzozowski [2022] NSWDC 69

R v Brzozowski [2022] NSWDC 69

The firearm offending involved serious objective criminality because multiple unauthorised and unsecured firearms, ammunition, firearm parts and a prohibited weapon were kept while the offender was subject to firearms and weapons prohibition orders, creating a significant risk to community safety. Although his mental health issues and COVID-19 custody conditions made imprisonment more onerous and warranted moderation, the Court was not satisfied that his mental health was closely connected to the offending. General deterrence, specific deterrence, the objective seriousness of the offences, the Form 1 matters and s 166 certificate offences required full-time imprisonment for all offences...

Jurisdiction
Australia
Judgment Date
10 February 2022
Procedural Posture
Criminal Sentence / Sentencing Following Guilty Plea
Outcome
Aggregate sentence of imprisonment of 4 years and 8 months with a non-parole period of 3 years; community correction order imposed for possession of the police shirt.
Legal Topics
['firearm Offences' 'possess Prohibited Weapon' 'firearms Prohibition Order' 'weapons Prohibition Order' 'form 1 Offences' 'aggregate Sentence' 'mental Health in Sentencing' 'covid 19 Custody Conditions']
['criminal Law' 'sentencing'] ['firearm Offences' 'possess Prohibited Weapon' 'firearms Prohibition Order' 'weapons Prohibition Order' 'form 1 Offences' 'aggregate Sentence' 'mental Health in Sentencing' 'covid 19 Custody Conditions']

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Procedural Posture

Criminal Sentence / Sentencing Following Guilty Plea

Legal Issues

  1. 1 ['What objective seriousness attached to the firearm and prohibited weapon offences.' 'How the Form 1 matters and s 166 certificate offences should affect sentence.' "Whether the offender's mental health reduced moral culpability, made custody more onerous, or affected general and specific deterrence." 'Whether COVID-19 custody conditions warranted moderation of sentence.' 'Whether special circumstances justified a variation of the statutory ratio between the non-parole period and parole period.' 'Whether an aggregate sentence involving full-time imprisonment was appropriate.']

Ratio Decidendi

The firearm offending involved serious objective criminality because multiple unauthorised and unsecured firearms, ammunition, firearm parts and a prohibited weapon were kept while the offender was subject to firearms and weapons prohibition orders, creating a significant risk to community safety. Although his mental health issues and COVID-19 custody conditions made imprisonment more onerous and warranted moderation, the Court was not satisfied that his mental health was closely connected to the offending. General deterrence, specific deterrence, the objective seriousness of the offences, the Form 1 matters and s 166 certificate offences required full-time imprisonment for all offences...

Court Disposition

Aggregate sentence of imprisonment of 4 years and 8 months with a non-parole period of 3 years; community correction order imposed for possession of the police shirt.

Orders

  • ['In relation to each offence, Mark Brzozowski is convicted.' 'The offender is sentenced to a total aggregate sentence of 4 years and 8 months imprisonment dating from 4 December 2020 and expiring on 3 August 2025.' 'A non-parole period of 3 years is fixed, dating from 4 December 2020 and expiring on 3 December...