R v HAMILTON [2012] NSWDC 102

R v HAMILTON [2012] NSWDC 102

The offender's possession and use of a shortened 12 gauge shotgun, including having ammunition, firing it, concealing it and pointing it at people during an argument, constituted serious firearms offending requiring imprisonment. Taking into account the guilty plea, Form 1 matters, the seriousness indicated by the maximum penalties and standard non-parole periods, the offender's history and personal circumstances, and totality, the Court imposed wholly concurrent sentences with a non-parole period of 2 years and a head sentence of 4 years for each offence, backdated to 15 April 2011.

Jurisdiction
Australia
Judgment Date
03 February 2012
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
For each offence, taking into account matters on a Form 1, the offender was sentenced to imprisonment consisting of a non-parole period of 2 years and a head sentence of 4 years.
Legal Topics
['sentence' 'form 1' 'possess Prohibited Firearm' 'use Prohibited Firearm' 'possess Ammunition' 'not Keep Safely' 'standard Non Parole Period' 'totality' 'concurrent Sentences']
['criminal Law'] ['sentence' 'form 1' 'possess Prohibited Firearm' 'use Prohibited Firearm' 'possess Ammunition' 'not Keep Safely' 'standard Non Parole Period' 'totality' 'concurrent Sentences']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for possessing a prohibited firearm and using a prohibited firearm, with Form 1 matters taken into account.' 'Whether the standard non-parole period should be imposed for the firearm offences.' 'Whether the sentences should be concurrent or cumulative having regard to totality and pre-sentence custody.']

Ratio Decidendi

The offender's possession and use of a shortened 12 gauge shotgun, including having ammunition, firing it, concealing it and pointing it at people during an argument, constituted serious firearms offending requiring imprisonment. Taking into account the guilty plea, Form 1 matters, the seriousness indicated by the maximum penalties and standard non-parole periods, the offender's history and personal circumstances, and totality, the Court imposed wholly concurrent sentences with a non-parole period of 2 years and a head sentence of 4 years for each offence, backdated to 15 April 2011.

Court Disposition

For each offence, taking into account matters on a Form 1, the offender was sentenced to imprisonment consisting of a non-parole period of 2 years and a head sentence of 4 years.

Orders

  • ['For each offence the offender is sentenced to imprisonment.' 'A non-parole period in each case of 2 years is set to date from 15 April 2011.' 'A head sentence in each case of 4 years is imposed.' 'The sentences are wholly concurrent.' 'The offender will be eligible to be released to parole on 14 April 2013.']