R v Makira [2019] NSWDC 584

R v Makira [2019] NSWDC 584

The seriousness of possession of a shortened firearm and possession while subject to a Firearms Prohibition Order, combined with the offender's background and antecedents, requires an aggregate custodial sentence reflecting the totality of misconduct, the mandatory statutory purposes of sentencing, and allows some accumulation between offences. Special circumstances warrant a departure from the statutory ratio of non-parole period to sentence.

Jurisdiction
Australia
Judgment Date
30 September 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to aggregate imprisonment
Legal Topics
['firearms Offences' 'sentencing' 'non Parole Periods']
['criminal Law'] ['firearms Offences' 'sentencing' 'non Parole Periods']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for possession of shortened firearm without authorisation' 'Appropriate sentence for possession of firearm while subject to Firearms Prohibition Order' 'Application of sentencing principles including discount for guilty plea and special circumstances']

Ratio Decidendi

The seriousness of possession of a shortened firearm and possession while subject to a Firearms Prohibition Order, combined with the offender's background and antecedents, requires an aggregate custodial sentence reflecting the totality of misconduct, the mandatory statutory purposes of sentencing, and allows some accumulation between offences. Special circumstances warrant a departure from the statutory ratio of non-parole period to sentence.

Court Disposition

Convicted and sentenced to aggregate imprisonment

Orders

  • ['Aggregate term of imprisonment of 4 years commencing 8 September 2018 and expiring 7 September 2022' 'Non-parole period of 2 years to expire 7 September 2020']