R v Ferguson [2021] NSWDC 226

R v Ferguson [2021] NSWDC 226

The objective facts, including the concealed location of $15,000 with a phone that was remotely wiped, the additional $8,650 in a suitcase, the absence of evidence of income or innocent source, and the wider circumstances, established reasonable grounds to suspect that $23,650 of the cash was proceeds of crime, although the $830 in the man bag was not treated that way. The firearms offending was objectively serious because the offender, while subject to a firearms prohibition order, possessed a loaded pistol with obliterated serial number in a family home, possessed ammunition and used an unregistered prohibited firearm. A custodial aggregate sentence was required, reduced for the...

Jurisdiction
Australia
Judgment Date
09 April 2021
Procedural Posture
Criminal Sentence and Related Summary Hearing / Sentencing After Guilty Pleas and Jury Acquittals; Determination of Related S 193 C(2) Crimes Act 1900 Offence Referred on a S 166 Criminal Procedure Act 1986 Certificate
Outcome
The offender was convicted of the s 193C(2) Crimes Act 1900 proceeds of crime offence and sentenced to an aggregate term of 3 years and 4 months imprisonment with a non-parole period of 2 years and 1 month. A proceeds of crime forfeiture order of $23,650 and a firearm destruction order were proposed or made.
Legal Topics
['possess Prohibited Firearm While Subject to Firearms Prohibition Order' 'use Unregistered Firearm Prohibited Firearm' 'possess Ammunition' 'deal With Property Reasonably Suspected of Being Proceeds of Crime Under $100, 000' 'reasonable Grounds to Suspect' 'late Guilty Plea and Utilitarian Discount' 'ill Health in Custody' 'assistance by Facilitating Surrender of Firearm' 'forfeiture Order' 'firearm Destruction Order']
['criminal Law' 'criminal Procedure' 'sentencing' 'proceeds of Crime' 'firearms Offences'] ['possess Prohibited Firearm While Subject to Firearms Prohibition Order' 'use Unregistered Firearm Prohibited Firearm' 'possess Ammunition' 'deal With Property Reasonably Suspected of Being Proceeds of Crime Under $100,000' 'reasonable Grounds to Suspect' 'late Guilty Plea and Utilitarian Discount' 'ill Health in Custody' 'assistance by Facilitating Surrender of Firearm' 'forfeiture Order' 'firearm Destruction Order']

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Procedural Posture

Criminal Sentence and Related Summary Hearing / Sentencing After Guilty Pleas and Jury Acquittals; Determination of Related S 193 C(2) Crimes Act 1900 Offence Referred on a S 166 Criminal Procedure Act 1986 Certificate

Legal Issues

  1. 1 ['Whether the prosecution had to particularise the specific offence from which the cash was derived for a s 193C(2) Crimes Act 1900 offence.' "Whether objective facts proved beyond reasonable doubt gave rise to reasonable grounds to suspect that cash in Ferguson's possession was proceeds of crime." "What sentence should be imposed for the firearms and proceeds of crime offences, including the effect of the offender's guilty plea, medical condition, time in custody and assistance in surrendering the pistol." 'Whether a proceeds of crime forfeiture order and firearm destruction order should be made.']

Ratio Decidendi

The objective facts, including the concealed location of $15,000 with a phone that was remotely wiped, the additional $8,650 in a suitcase, the absence of evidence of income or innocent source, and the wider circumstances, established reasonable grounds to suspect that $23,650 of the cash was proceeds of crime, although the $830 in the man bag was not treated that way. The firearms offending was objectively serious because the offender, while subject to a firearms prohibition order, possessed a loaded pistol with obliterated serial number in a family home, possessed ammunition and used an unregistered prohibited firearm. A custodial aggregate sentence was required, reduced for the...

Court Disposition

The offender was convicted of the s 193C(2) Crimes Act 1900 proceeds of crime offence and sentenced to an aggregate term of 3 years and 4 months imprisonment with a non-parole period of 2 years and 1 month. A proceeds of crime forfeiture order of $23,650 and a firearm destruction order were proposed or made.

Orders

  • ['For the s 65(3) Firearms Act matter, possess ammunition without holding licence/permit/authority, the proceedings were disposed of without imposing any penalty other than a conviction pursuant to s 10A Crimes (Sentencing Procedure) Act 1999.' 'For the s 36(1) Firearms Act matter, use unregistered...