R v Jarrod Craig Hussey [2019] NSWDC 34

R v Jarrod Craig Hussey [2019] NSWDC 34

Given the seriousness of the offending, which falls in the lower end of the mid-range for s 7(1) offences, and given the offender's progress towards rehabilitation and support structures in place, a sentence of 2 years imprisonment is warranted and appropriately served by way of an Intensive Correction Order, with standard and additional conditions imposed to protect the community and support further rehabilitation.

Parties
Crown: Director of Public Prosecutions; Offender: Jarrod Craig Hussey
Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Criminal / Sentencing After Guilty Verdict
Outcome
Convicted and sentenced to 2 years imprisonment to be served by way of an Intensive Correction Order.
Legal Topics
Firearms Offence, Sentencing, Possession of Prohibited Weapon, Intensive Correction Order
Criminal Law Firearms Offence Sentencing Possession of Prohibited Weapon Intensive Correction Order

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Parties

Director of Public Prosecutions

Crown

Jarrod Craig Hussey

Offender

Procedural Posture

Criminal / Sentencing After Guilty Verdict

Legal Issues

  1. 1 What is the appropriate sentence for possession of a prohibited pistol contrary to s 7(1) of the Firearms Act 1996 where possession is under the extended definition in s 4 and s 4A?
  2. 2 Should the Standard Non-Parole Period apply in a case of constructive rather than actual possession?
  3. 3 Does rehabilitation and breaking with prior criminal associates support an Intensive Correction Order over full‑time custody?

Ratio Decidendi

Given the seriousness of the offending, which falls in the lower end of the mid-range for s 7(1) offences, and given the offender's progress towards rehabilitation and support structures in place, a sentence of 2 years imprisonment is warranted and appropriately served by way of an Intensive Correction Order, with standard and additional conditions imposed to protect the community and support further rehabilitation.

Court Disposition

Convicted and sentenced to 2 years imprisonment to be served by way of an Intensive Correction Order.

Orders

  • Conviction for offence against s 7(1) Firearms Act 1996 for possessing a prohibited pistol on 19 November 2015 at Homebush West, NSW.
  • Sentenced to 2 years imprisonment from 28 February 2019 to 27 February 2021, served by Intensive Correction Order.