R v Cochran [2019] NSWDC 462

R v Cochran [2019] NSWDC 462

The sentence imposed took into account the objective seriousness of possessing multiple and concealable firearms and weapons in breach of prohibition orders, the offender’s deprived background and substance abuse, the early guilty plea, and a finding of special circumstances warranting a reduced non-parole period, resulting in an aggregate sentence as specified.

Jurisdiction
Australia
Judgment Date
28 June 2019
Procedural Posture
Sentence / First Instance
Outcome
Offender sentenced to imprisonment; aggregate sentence of three years and six months with a non-parole period of two years. Destruction orders for firearms and weapons made.
Legal Topics
['sentencing' 'possession of Firearms' 'possession of Prohibited Weapons' 'sentencing Mitigation' 'special Circumstances' 'aggregate Sentences' 'non Parole Period']
['criminal Law'] ['sentencing' 'possession of Firearms' 'possession of Prohibited Weapons' 'sentencing Mitigation' 'special Circumstances' 'aggregate Sentences' 'non Parole Period']

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Procedural Posture

Sentence / First Instance

Legal Issues

  1. 1 ['Appropriate sentence for possession of multiple firearms and weapons in breach of prohibition orders' 'Application of standard non-parole periods and mitigating factors in sentencing' 'Whether special circumstances warranted reduction of non-parole period']

Ratio Decidendi

The sentence imposed took into account the objective seriousness of possessing multiple and concealable firearms and weapons in breach of prohibition orders, the offender’s deprived background and substance abuse, the early guilty plea, and a finding of special circumstances warranting a reduced non-parole period, resulting in an aggregate sentence as specified.

Court Disposition

Offender sentenced to imprisonment; aggregate sentence of three years and six months with a non-parole period of two years. Destruction orders for firearms and weapons made.

Orders

  • ['Ten months imprisonment for push dagger offence.' 'Three years imprisonment (non-parole period one year and nine months) for s 51D offence (possession of more than three unregistered firearms), taking into account Form 1 matters.' 'Two years one month for s 74 matter (possession of firearm subject to prohibition...