R v Shannon [2019] NSWDC 942

R v Shannon [2019] NSWDC 942

The Court determined that an aggregate sentence of 7 years and 6 months imprisonment, with a non-parole period of 4 years and 6 months, appropriately reflects the objective seriousness, the need for general deterrence, the offender’s criminal history, the finding of special circumstances, and the need for parity with the co-offender. Special circumstances justified a longer parole period.

Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment imposed with special circumstances found; forfeiture order made.
Legal Topics
['sentencing' 'drug Offences' 'firearms Offences' 'aggregation and Concurrency' 'totality Principle' 'parity' 'special Circumstances']
['criminal Law'] ['sentencing' 'drug Offences' 'firearms Offences' 'aggregation and Concurrency' 'totality Principle' 'parity' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple counts involving possession of unregistered firearms and supply of prohibited drugs?' 'Should special circumstances be found to vary the statutory ratio between parole and non-parole periods?' 'How should the totality and parity principles be applied between co-offenders?']

Ratio Decidendi

The Court determined that an aggregate sentence of 7 years and 6 months imprisonment, with a non-parole period of 4 years and 6 months, appropriately reflects the objective seriousness, the need for general deterrence, the offender’s criminal history, the finding of special circumstances, and the need for parity with the co-offender. Special circumstances justified a longer parole period.

Court Disposition

Aggregate sentence of imprisonment imposed with special circumstances found; forfeiture order made.

Orders

  • ['Conviction entered for each offence.' 'Aggregate sentence of 7 years and 6 months imprisonment from 28 March 2019 to 27 September 2026.' 'Non-parole period of 4 years and 6 months from 28 March 2019 to 27 September 2023.' 'Eligibility for parole on 27 September 2023.' 'Special circumstances found; statutory ratio...