R v Tape [2018] NSWDC 57

R v Tape [2018] NSWDC 57

Given the nature of the offences—supply, possession, and acquisition of non-lethal paintball firearms, and dishonesty offences—the offender’s successful rehabilitation efforts, early guilty plea, and the non-lethal character of the firearms justified imposing a term of imprisonment to be assessed for Intensive Corrections Order, instead of full-time custody.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Criminal Sentencing / Post Plea, Pre Final Sentence Adjournment
Outcome
Offender referred for assessment for Intensive Corrections Order; adjourned for further sentencing.
Legal Topics
['sentencing' 'prohibited Firearms' 'supply of Firearms' 'acquiring Firearm Parts' 'possession of Unauthorised Firearm' 'receiving Stolen Property' 'larceny' 'rehabilitation' 'intensive Corrections Order']
['criminal Law'] ['sentencing' 'prohibited Firearms' 'supply of Firearms' 'acquiring Firearm Parts' 'possession of Unauthorised Firearm' 'receiving Stolen Property' 'larceny' 'rehabilitation' 'intensive Corrections Order']

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Procedural Posture

Criminal Sentencing / Post Plea, Pre Final Sentence Adjournment

Legal Issues

  1. 1 ['Appropriate sentence for supply, possession, and acquisition of prohibited non-lethal paintball firearms' 'Consideration of rehabilitation for offender with positive s 11 remand results' 'Applicability of standard non-parole period to non-lethal firearms offences' "Parity with co-offenders' sentences"]

Ratio Decidendi

Given the nature of the offences—supply, possession, and acquisition of non-lethal paintball firearms, and dishonesty offences—the offender’s successful rehabilitation efforts, early guilty plea, and the non-lethal character of the firearms justified imposing a term of imprisonment to be assessed for Intensive Corrections Order, instead of full-time custody.

Court Disposition

Offender referred for assessment for Intensive Corrections Order; adjourned for further sentencing.

Orders

  • ['The offender is referred for assessment to serve his sentence by means of an Intensive Corrections Order.' 'Matter adjourned to 27 April 2018 for sentence.' 'Bail to continue unconditionally.']