R v Farrell [2024] NSWDC 559

R v Farrell [2024] NSWDC 559

The offender, having pleaded guilty, was sentenced for being involved in a discharge of firearm with reckless disregard for safety under s 93GA(1) Crimes Act 1900. His role, knowledge of weapon and risk to persons, multiple shots fired, and some planning placed the offence in the mid-range of objective seriousness and his moral culpability as moderately high. Motive and mental health issues provided limited mitigation. Special circumstances were found due to mental health and length of custody, resulting in imposition of a head sentence of 5 years 10 months with a non-parole period of 3 years 10 months, both from 25 September 2023. A separate Form 1 offence was taken into account.

Parties
Crown: NSW DPP; Offender: Aaron Farrell
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction; Imprisonment
Legal Topics
Sentence, Firearm Offences, Objective Seriousness, Mental Health and Sentencing
Criminal Law Sentence Firearm Offences Objective Seriousness Mental Health and Sentencing

Case Brief

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Parties

NSW DPP

Crown

Aaron Farrell

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Assessment of objective seriousness of discharging firearm with reckless disregard for safety under s 93GA(1) Crimes Act 1900
  2. 2 Offender's knowledge or foresight of presence of persons in unit
  3. 3 Impact of motive and mental health on moral culpability and sentence

Ratio Decidendi

The offender, having pleaded guilty, was sentenced for being involved in a discharge of firearm with reckless disregard for safety under s 93GA(1) Crimes Act 1900. His role, knowledge of weapon and risk to persons, multiple shots fired, and some planning placed the offence in the mid-range of objective seriousness and his moral culpability as moderately high. Motive and mental health issues provided limited mitigation. Special circumstances were found due to mental health and length of custody, resulting in imposition of a head sentence of 5 years 10 months with a non-parole period of 3 years 10 months, both from 25 September 2023. A separate Form 1 offence was taken into account.

Court Disposition

Conviction; Imprisonment

Orders

  • Offender convicted and sentenced to 5 years 10 months imprisonment with a non-parole period of 3 years 10 months (both from 25 September 2023, expiring 24 July 2029 and 24 July 2027, respectively)
  • Form 1 offence taken into account