R v Mirad [2016] NSWDC 336

R v Mirad [2016] NSWDC 336

The offence was within the medium range of objective seriousness because the offender possessed a loaded .38 calibre Smith and Wesson revolver over an extended period in an urban residential area, without a firearms licence, and the related Form 1 matters included ammunition, unsafe storage and a defaced firearm. His prior convictions, including being an accessory after the fact to murder, increased the need for punishment, personal and general deterrence, accountability and denunciation. His remorse, early guilty plea attracting a 25% discount, lengthy interval since last offending, family support and reasonable prospects of rehabilitation mitigated sentence, but his medium risk of...

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
The offender was convicted and sentenced to an overall term of imprisonment of three years, with a non-parole period of two years and a further one year on parole under supervision of Community Corrections.
Legal Topics
['possession of Unauthorised Prohibited Firearm' 'possession of Ammunition' 'failure to Keep Firearm Safely' 'possession of Defaced Firearm' 'form 1 Offences' 'aggravating and Mitigating Factors' 'likelihood of Reoffending']
['criminal Law' 'sentencing'] ['possession of Unauthorised Prohibited Firearm' 'possession of Ammunition' 'failure to Keep Firearm Safely' 'possession of Defaced Firearm' 'form 1 Offences' 'aggravating and Mitigating Factors' 'likelihood of Reoffending']

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for possession of a prohibited firearm contrary to s 7(1) of the Firearms Act 1996 (NSW).' 'Whether related Form 1 offences should be taken into account under s 32 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'What weight should be given to aggravating factors including previous convictions and the possession of a loaded firearm over an extended period in an urban residential area.' 'What weight should be given to mitigating factors including remorse, cooperation with police, an early plea of guilty, family support and prospects of rehabilitation.' 'Whether special circumstances warranted varying the statutory ratio to allow a longer period of parole supervision.']

Ratio Decidendi

The offence was within the medium range of objective seriousness because the offender possessed a loaded .38 calibre Smith and Wesson revolver over an extended period in an urban residential area, without a firearms licence, and the related Form 1 matters included ammunition, unsafe storage and a defaced firearm. His prior convictions, including being an accessory after the fact to murder, increased the need for punishment, personal and general deterrence, accountability and denunciation. His remorse, early guilty plea attracting a 25% discount, lengthy interval since last offending, family support and reasonable prospects of rehabilitation mitigated sentence, but his medium risk of...

Court Disposition

The offender was convicted and sentenced to an overall term of imprisonment of three years, with a non-parole period of two years and a further one year on parole under supervision of Community Corrections.

Orders

  • ['The offender is convicted and sentenced to an overall term of imprisonment of three years.' 'The non-parole period to be served is two years, to commence from 24 March 2016.' 'The non-parole period expires on 23 March 2018, and thereafter, the offender is to be released on parole to serve an additional term of one...