R v Ingvarsson , Ingi and Dhillon, Khushwant [2008] NSWDC 142

R v Ingvarsson , Ingi and Dhillon, Khushwant [2008] NSWDC 142

Each offender's possession of a self-loading pistol was in the mid-range of seriousness for an offence under s 7 of the Firearms Act because the pistols were capable of one-handed rapid fire, were used aggressively and unlawfully in company, and created actual danger to property and palpable danger to the public. The discharge offence was also serious because at least six rounds were fired in a public street near businesses and patrons, causing damage to a vehicle, sign, wall and tree. Equal culpability was found for both offenders. Guilty pleas warranted a 25 percent discount and special circumstances were found due to provocation arising from the threatening group at the offenders' pub...

Jurisdiction
Australia
Judgment Date
18 April 2008
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
Both offenders were convicted and sentenced to imprisonment for possession of prohibited weapons and discharge of a firearm with disregard for the safety of others, with release to parole ordered on 11 October 2009 for the discharge offence.
Legal Topics
['possession of Prohibited Weapon' 'discharge Firearm With Disregard for Safety of Others' 'objective Seriousness' 'standard Non Parole Period' 'special Circumstances' 'parity' 'form 1 Matters']
['criminal Law' 'sentencing' 'firearms Offences'] ['possession of Prohibited Weapon' 'discharge Firearm With Disregard for Safety of Others' 'objective Seriousness' 'standard Non Parole Period' 'special Circumstances' 'parity' 'form 1 Matters']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for possessing prohibited pistols without licence or permit and discharging firearms with disregard for the safety of others in Ross Street, Parramatta.' 'How the objective criminality of the possession and discharge offences should be assessed having regard to the weapons, public location, danger to the public and property damage.' 'Whether subjective matters, including guilty pleas, prior assaults, mental health, remorse, rehabilitation prospects and family circumstances, mitigated sentence.' 'Whether special circumstances should be found and how parity should be applied between the two offenders.']

Ratio Decidendi

Each offender's possession of a self-loading pistol was in the mid-range of seriousness for an offence under s 7 of the Firearms Act because the pistols were capable of one-handed rapid fire, were used aggressively and unlawfully in company, and created actual danger to property and palpable danger to the public. The discharge offence was also serious because at least six rounds were fired in a public street near businesses and patrons, causing damage to a vehicle, sign, wall and tree. Equal culpability was found for both offenders. Guilty pleas warranted a 25 percent discount and special circumstances were found due to provocation arising from the threatening group at the offenders' pub...

Court Disposition

Both offenders were convicted and sentenced to imprisonment for possession of prohibited weapons and discharge of a firearm with disregard for the safety of others, with release to parole ordered on 11 October 2009 for the discharge offence.

Orders

  • ['For the possession offence, each offender was sentenced to a term of imprisonment of two years dating from 12 April 2007 and expiring on 11 April 2009.' 'For the possession offence, a balance of term of two years was set to expire on 11 April 2011, with release to be determined by the Parole Board.' 'For the...