R v Lynch [2024] NSWDC 92

R v Lynch [2024] NSWDC 92

The offender's possession of the loaded shortened pistol was well above mid-range because he knew it was at premises to which he had free access, knew it was loaded, knew it had recently been used by his brother to shoot two people, and possessed it to assist his brother to avoid police seizure while being subject to a Firearms Prohibition Order. Count 2 was slightly below mid-range because the ammunition was limited and was the same ammunition that made the pistol loaded, so it was largely subsumed by Count 1. The related drug and proceeds offences were below mid-range. Despite significant Bugmy factors, mental health considerations and reasonable prospects of rehabilitation, the...

Jurisdiction
Australia
Judgment Date
27 March 2024
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty to Firearms Offences, With Related Offences Dealt With Pursuant to S166(1)(b) of the Criminal Procedure Act 1986 (nsw)
Outcome
Sentenced to an aggregate term of imprisonment of 6 years with a minimum non-parole period of 3 years.
Legal Topics
['firearms Offences' 'possess Pistol in Contravention of Firearms Prohibition Order' 'possess Ammunition in Contravention of Firearms Prohibition Order' 'drug Supply' 'proceeds of Crime' 'aggregate Sentence' 'non Parole Period' 'childhood Deprivation and Moral Culpability' 'mental Health in Sentencing' 'prospects of Rehabilitation' 'parity']
['criminal Law' 'sentencing'] ['firearms Offences' 'possess Pistol in Contravention of Firearms Prohibition Order' 'possess Ammunition in Contravention of Firearms Prohibition Order' 'drug Supply' 'proceeds of Crime' 'aggregate Sentence' 'non Parole Period' 'childhood Deprivation and Moral Culpability' 'mental Health in Sentencing' 'prospects of Rehabilitation' 'parity']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty to Firearms Offences, With Related Offences Dealt With Pursuant to S166(1)(b) of the Criminal Procedure Act 1986 (nsw)

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for possession of a loaded shortened pistol and ammunition in contravention of a Firearms Prohibition Order, together with related drug supply and proceeds offences.' 'The objective seriousness of the firearms offending, including whether the offender possessed the pistol to assist his brother to avoid police seizure.' 'The objective seriousness of the drug supply and proceeds offences dealt with under s166 of the Criminal Procedure Act 1986 (NSW).' "The effect of the offender's guilty pleas, time in custody, criminal record, parole breaches, childhood deprivation, Aboriginal background, mental health conditions, prospects of rehabilitation, and parity with co-offenders."]

Ratio Decidendi

The offender's possession of the loaded shortened pistol was well above mid-range because he knew it was at premises to which he had free access, knew it was loaded, knew it had recently been used by his brother to shoot two people, and possessed it to assist his brother to avoid police seizure while being subject to a Firearms Prohibition Order. Count 2 was slightly below mid-range because the ammunition was limited and was the same ammunition that made the pistol loaded, so it was largely subsumed by Count 1. The related drug and proceeds offences were below mid-range. Despite significant Bugmy factors, mental health considerations and reasonable prospects of rehabilitation, the...

Court Disposition

Sentenced to an aggregate term of imprisonment of 6 years with a minimum non-parole period of 3 years.

Orders

  • ['Taking into account the matters to be dealt with pursuant to s166 of the Criminal Procedure Act 1986 (NSW), and after deducting 10% for the plea of guilty, an aggregate sentence of 6 years imprisonment is imposed to commence on 18 December 2021 and expire on 17 December 2027.' 'A minimum non-parole period of 3...