R v Kertz [2019] NSWDC 561

R v Kertz [2019] NSWDC 561

Given the seriousness of the prohibited weapon offence and the detain for advantage offence, the offender's prior history and the need for general and personal deterrence, imprisonment was the only appropriate sentence. The detention offence was well below a notional mid-range offence but not at the very bottom; the prohibited weapon offence was towards the bottom of the range. The offender received a 25% allowance for the utilitarian value of his guilty plea to the weapons offence, his medical conditions made custody more arduous, and his rehabilitation prospects were reasonable, but there were no special circumstances. An aggregate sentence was imposed because the offences were discrete...

Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Criminal Sentence / Sentencing for Possession of a Prohibited Weapon After Guilty Plea in the Local Court and Detain for Advantage After Judge Alone Trial Verdict
Outcome
Offender sentenced to an aggregate term of imprisonment of one year and ten months with an aggregate non-parole period of one year and four months.
Legal Topics
['possess Prohibited Weapon' 'detain for Advantage' 'aggregate Term of Imprisonment' 'non Parole Period' 'objective Seriousness' 'general Deterrence' 'personal Deterrence']
['criminal Law' 'sentencing'] ['possess Prohibited Weapon' 'detain for Advantage' 'aggregate Term of Imprisonment' 'non Parole Period' 'objective Seriousness' 'general Deterrence' 'personal Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing for Possession of a Prohibited Weapon After Guilty Plea in the Local Court and Detain for Advantage After Judge Alone Trial Verdict

Legal Issues

  1. 1 ['What sentence should be imposed for possession of a prohibited weapon under s 7(1) of the Weapons Prohibition Act 1998.' 'What sentence should be imposed for detaining KF without consent with intent to obtain an advantage under s 86(1) of the Crimes Act 1900.' 'Whether an aggregate sentence of imprisonment was appropriate.' "How the offender's criminal history, guilty plea, medical conditions, risk of re-offending and prospects of rehabilitation affected sentence."]

Ratio Decidendi

Given the seriousness of the prohibited weapon offence and the detain for advantage offence, the offender's prior history and the need for general and personal deterrence, imprisonment was the only appropriate sentence. The detention offence was well below a notional mid-range offence but not at the very bottom; the prohibited weapon offence was towards the bottom of the range. The offender received a 25% allowance for the utilitarian value of his guilty plea to the weapons offence, his medical conditions made custody more arduous, and his rehabilitation prospects were reasonable, but there were no special circumstances. An aggregate sentence was imposed because the offences were discrete...

Court Disposition

Offender sentenced to an aggregate term of imprisonment of one year and ten months with an aggregate non-parole period of one year and four months.

Orders

  • ['Sentenced to an aggregate term of imprisonment of one year and ten months commencing on 23 May 2018 and expiring on 22 March 2020 with an aggregate non-parole period of one year and four months, expiring on 22 September 2019.']