Police V Dare [2010] NSWLC 23

Police V Dare [2010] NSWLC 23

The combination of firing a firearm in a manner likely to injure persons or property and possession offences warranted serious condemnation, but given the accused's first offence, good character, contrition, and early guilty plea, an appropriate sentence was a custodial term reduced by 25% as well as bond and fine for lesser offences.

Jurisdiction
Australia
Judgment Date
19 August 2010
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['firearms Offences' 'sentencing' 'objective Seriousness' 'mitigating and Aggravating Factors']
['criminal Law'] ['firearms Offences' 'sentencing' 'objective Seriousness' 'mitigating and Aggravating Factors']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Firing a firearm in a manner likely to injure or endanger persons or property' 'Possession of unauthorised firearm' 'Possession of ammunition without licence' 'Appropriate sentence for offences based on objective and subjective seriousness']

Ratio Decidendi

The combination of firing a firearm in a manner likely to injure persons or property and possession offences warranted serious condemnation, but given the accused's first offence, good character, contrition, and early guilty plea, an appropriate sentence was a custodial term reduced by 25% as well as bond and fine for lesser offences.

Court Disposition

Convicted and sentenced

Orders

  • ["Conviction and sentence to a non-parole period of 12 months' full time custody and an additional term of 12 months (sequence 1)" 'Conviction and bond under s9 Crimes Sentencing Procedures Act for 3 years (sequence 2)' 'Conviction and fine of $500.00 with 28 days to pay (sequence 3)']