R v Conor Lavan [2018] NSWDC 263

R v Conor Lavan [2018] NSWDC 263

The seriousness of the firearms offences, their connection to criminal activity, and the need for community protection necessitate a full-time custodial sentence. Aggregate sentence imposed reflecting totality and parity principles, with special circumstances found to allow extended supervision.

Parties
Offender: Conor Lavan; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Criminal / Sentencing After Trial
Outcome
Aggregate sentence imposed with non-parole period. Conviction after jury verdict. Firearm forfeiture order made.
Legal Topics
Sentencing, Firearms Offences, Parity, Totality, Special Circumstances, Rehabilitation, Community Protection
Criminal Law Sentencing Firearms Offences Parity Totality Special Circumstances Rehabilitation Community Protection

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Parties

Conor Lavan

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 Assessment of objective seriousness of firearm possession and supply
  2. 2 Application of parity between co-offenders
  3. 3 Consideration of totality principle in sentencing

Ratio Decidendi

The seriousness of the firearms offences, their connection to criminal activity, and the need for community protection necessitate a full-time custodial sentence. Aggregate sentence imposed reflecting totality and parity principles, with special circumstances found to allow extended supervision.

Court Disposition

Aggregate sentence imposed with non-parole period. Conviction after jury verdict. Firearm forfeiture order made.

Orders

  • Aggregate sentence of three years and nine months with a non-parole period of two years and five months commencing 30 November 2016.
  • Eligible for parole on 30 April 2019.