R v Gill [2022] NSWDC 722

R v Gill [2022] NSWDC 722

The aggregate sentence of 5 years with a non-parole period of 3 years was imposed taking into account the high objective seriousness of firing a firearm into a dwelling with disregard for safety, previous possession offences, and minimal weight to claimed provocation or duress, balanced by the offender’s background, guilty plea, ill health, and COVID-related hardship as special circumstances.

Parties
Offender: Braiden Gill; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
04 October 2022
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of 5 years imprisonment with a non-parole period of 3 years.
Legal Topics
Firearms Offences, Sentencing, Aggregate Sentence, Possession of Unauthorised Firearm, Possession of Unauthorised Pistol, Not Keeping Firearm Safely, Guilty Plea, Special Circumstances
Criminal Law Firearms Offences Sentencing Aggregate Sentence Possession of Unauthorised Firearm Possession of Unauthorised Pistol Not Keeping Firearm Safely Guilty Plea +1 more

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Parties

Braiden Gill

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for firing firearm at dwelling house with disregard for safety
  2. 2 Possession of unauthorised prohibited firearm
  3. 3 Possession of unauthorised pistol

Ratio Decidendi

The aggregate sentence of 5 years with a non-parole period of 3 years was imposed taking into account the high objective seriousness of firing a firearm into a dwelling with disregard for safety, previous possession offences, and minimal weight to claimed provocation or duress, balanced by the offender’s background, guilty plea, ill health, and COVID-related hardship as special circumstances.

Court Disposition

Aggregate sentence of 5 years imprisonment with a non-parole period of 3 years.

Orders

  • In relation to sequence 1 - fire firearm at dwelling house - indicative sentence of 4 years and 6 months, non-parole period of 2 years 8 months.
  • In relation to sequence 2 - possess firearm - indicative sentence of 1 year 6 months, non-parole period of 11 months.