R v Rudyk (aka Rudick) [2019] NSWDC 692

R v Rudyk (aka Rudick) [2019] NSWDC 692

The Court imposed an aggregate sentence of imprisonment, including a non-parole period, taking into account the lower-than-midrange objective seriousness of the offences, the offender's personal and psychological circumstances (including psychiatric and social history), recognition of special circumstances requiring a longer parole period, and the taking into account of Form 1 offences. A discount was applied for the early guilty pleas. The aggregate sentence reflects both general and specific deterrence, balanced with prospects for rehabilitation.

Parties
Crown: Regina; Offender: Michael John Rudyk (aka Rudick)
Jurisdiction
Australia
Judgment Date
05 November 2019
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Aggregate sentence of imprisonment of 4 years imposed, including a 2-year non-parole period. s 9 bonds revoked; in one instance, a 1-month imprisonment was imposed for damage to property, with no additional penalty for other bond breaches. Convictions entered for all offences. Form 1 offences certified.
Legal Topics
Firearms Offences, Possession of Prohibited Weapons, Sentencing Principles, Standard Non Parole Period, Aggregate Sentence, Form 1 Offences
Criminal Law Firearms Offences Possession of Prohibited Weapons Sentencing Principles Standard Non Parole Period Aggregate Sentence Form 1 Offences

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Parties

Regina

Crown

Michael John Rudyk (aka Rudick)

Offender

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for possession of illegal firearms and prohibited weapon
  2. 2 Application of standard non-parole period provisions
  3. 3 Relevance and application of Form 1 offences

Ratio Decidendi

The Court imposed an aggregate sentence of imprisonment, including a non-parole period, taking into account the lower-than-midrange objective seriousness of the offences, the offender's personal and psychological circumstances (including psychiatric and social history), recognition of special circumstances requiring a longer parole period, and the taking into account of Form 1 offences. A discount was applied for the early guilty pleas. The aggregate sentence reflects both general and specific deterrence, balanced with prospects for rehabilitation.

Court Disposition

Aggregate sentence of imprisonment of 4 years imposed, including a 2-year non-parole period. s 9 bonds revoked; in one instance, a 1-month imprisonment was imposed for damage to property, with no additional penalty for other bond breaches. Convictions entered for all offences. Form 1 offences certified.

Orders

  • Aggregate sentence of imprisonment of 4 years with a non-parole period of 2 years, commencing 19 April 2018
  • Non-parole period expires 18 April 2020, balance expires 18 April 2022