R v Mussen [2016] NSWDC 196

R v Mussen [2016] NSWDC 196

The offending was objectively very serious: while highly intoxicated, the offender brought a loaded shortened .22 calibre rifle to the victim's home, offered to sell it, shot the victim in the knee, concealed the firearm, and also possessed another shortened firearm and ammunition. Although the offender's youth, deprived upbringing, guilty pleas, overlap between two offences, and prospects of rehabilitation mitigated sentence and special circumstances justified an extended parole period, the gravity of the firearm offending and wounding required a significant aggregate term of imprisonment.

Jurisdiction
Australia
Judgment Date
08 August 2016
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Aggregate sentence of imprisonment imposed consisting of a non-parole period of 3 years and a head sentence of 6 years.
Legal Topics
['reckless Wounding' 'possess Shortened Firearm' 'fire Firearm in a Manner Likely to Endanger Life' 'self Induced Intoxication' 'aggregate Sentence' 'form 1 Matters']
['criminal Law' 'sentencing'] ['reckless Wounding' 'possess Shortened Firearm' 'fire Firearm in a Manner Likely to Endanger Life' 'self Induced Intoxication' 'aggregate Sentence' 'form 1 Matters']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for reckless wounding, possessing a shortened firearm, and firing a firearm in a manner likely to endanger the safety of others.' "Whether the offender's self-induced intoxication mitigated or aggravated the offending." "How to account for the offender's youth, upbringing, guilty pleas, prospects of rehabilitation, overlap between offences, victim impact, and Form 1 matters."]

Ratio Decidendi

The offending was objectively very serious: while highly intoxicated, the offender brought a loaded shortened .22 calibre rifle to the victim's home, offered to sell it, shot the victim in the knee, concealed the firearm, and also possessed another shortened firearm and ammunition. Although the offender's youth, deprived upbringing, guilty pleas, overlap between two offences, and prospects of rehabilitation mitigated sentence and special circumstances justified an extended parole period, the gravity of the firearm offending and wounding required a significant aggregate term of imprisonment.

Court Disposition

Aggregate sentence of imprisonment imposed consisting of a non-parole period of 3 years and a head sentence of 6 years.

Orders

  • ['The aggregate sentence consists of a non-parole period of 3 years and a head sentence of 6 years to date from 12 July 2015.' 'The non-parole period will expire on 11 July 2018, on which day the offender is eligible to be released to parole.']