R v Shinner [2024] NSWDC 62

R v Shinner [2024] NSWDC 62

The court found beyond reasonable doubt that the offender entered the kitchen area and held a loaded shortened firearm very close to Mr Yam's head. Both offences fell in the mid-range of objective seriousness, imprisonment was the only appropriate penalty, and an aggregate sentence was warranted because the offences occurred simultaneously with the same victims and circumstances. The offender's guilty pleas, remorse, good rehabilitation prospects, mental and physical health issues, childhood deprivation and reduced moral culpability justified a materially lower sentence and special circumstances, but the seriousness of taking and pointing a loaded shortened firearm required a custodial...

Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty and Disputed Facts Hearing
Outcome
Offender convicted of both offences and sentenced to an aggregate term of imprisonment of three and a half years, commencing 31 October 2022 and expiring 30 April 2026, with a non-parole period expiring 30 November 2024.
Legal Topics
['firearms Offences' 'using Weapon With Intent to Commit a Serious Indictable Offence' 'intimidation' 'aggregate Sentence' 'form 1 Offence' 'mental Health and Moral Culpability' 'childhood Deprivation' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['firearms Offences' 'using Weapon With Intent to Commit a Serious Indictable Offence' 'intimidation' 'aggregate Sentence' 'form 1 Offence' 'mental Health and Moral Culpability' 'childhood Deprivation' 'special Circumstances' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty and Disputed Facts Hearing

Legal Issues

  1. 1 ["What factual findings should be made about whether the offender entered the kitchen area and held the firearm very close to Mr Yam's head." 'The objective seriousness of the offence under s 7(1) of the Firearms Act and the offence under s 33B(1)(a) of the Crimes Act.' 'Whether aggravating or mitigating factors under s 21A(2) and (3) of the Crimes (Sentencing Procedure) Act applied.' "The extent to which the offender's mental health issues and childhood deprivation reduced moral culpability and affected deterrence and hardship in custody." 'Whether no penalty other than imprisonment was appropriate under s 5 of the Crimes (Sentencing Procedure) Act.' 'Whether special circumstances should be found and what aggregate sentence and non-parole period should be imposed.']

Ratio Decidendi

The court found beyond reasonable doubt that the offender entered the kitchen area and held a loaded shortened firearm very close to Mr Yam's head. Both offences fell in the mid-range of objective seriousness, imprisonment was the only appropriate penalty, and an aggregate sentence was warranted because the offences occurred simultaneously with the same victims and circumstances. The offender's guilty pleas, remorse, good rehabilitation prospects, mental and physical health issues, childhood deprivation and reduced moral culpability justified a materially lower sentence and special circumstances, but the seriousness of taking and pointing a loaded shortened firearm required a custodial...

Court Disposition

Offender convicted of both offences and sentenced to an aggregate term of imprisonment of three and a half years, commencing 31 October 2022 and expiring 30 April 2026, with a non-parole period expiring 30 November 2024.

Orders

  • ['With respect to the firearms offence under s 7(1) of the Firearms Act, an indicative sentence of 3 years was imposed, with a non-parole period of 2 years.' 'With respect to the s 33B(1)(a) of the Crimes Act offence of using a weapon with the intent to commit a serious indictable offence, namely intimidation, the...