R v RYAN [2024] NSWDC 476

R v RYAN [2024] NSWDC 476

An aggregate sentence reflecting the objective and subjective seriousness was imposed: 6 ½ years imprisonment with a non-parole period of 3 years and 3 months from 2 November 2022, with eligibility for parole on 1 February 2026. Indicative sentences: Discharge firearm with intent to resist arrest—6 years, non-parole 3 years; Possess prohibited firearm (with Form 1 offences)—3 years, 2 months, non-parole 19 months. Mental health issues moderately reduced moral culpability. Special circumstances found due to health, length of remand, and custodial conditions, justifying a reduced statutory ratio for non-parole period.

Parties
Prosecution: Rex; Offender: Peter Ryan
Jurisdiction
Australia
Judgment Date
14 October 2024
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed on a plea of guilty.
Legal Topics
Sentencing, Firearms Offences, Discharge Firearm With Intent to Resist Arrest, Possess Prohibited Firearm
Criminal Law Sentencing Firearms Offences Discharge Firearm With Intent to Resist Arrest Possess Prohibited Firearm

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Parties

Rex

Prosecution

Peter Ryan

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for discharge of firearm with intent to resist arrest
  2. 2 Appropriate sentence for possession of prohibited firearm, including related Form 1 offences
  3. 3 Impact of mental health on moral culpability

Ratio Decidendi

An aggregate sentence reflecting the objective and subjective seriousness was imposed: 6 ½ years imprisonment with a non-parole period of 3 years and 3 months from 2 November 2022, with eligibility for parole on 1 February 2026. Indicative sentences: Discharge firearm with intent to resist arrest—6 years, non-parole 3 years; Possess prohibited firearm (with Form 1 offences)—3 years, 2 months, non-parole 19 months. Mental health issues moderately reduced moral culpability. Special circumstances found due to health, length of remand, and custodial conditions, justifying a reduced statutory ratio for non-parole period.

Court Disposition

Aggregate sentence of imprisonment imposed on a plea of guilty.

Orders

  • The offender is convicted on both offences.
  • Aggregate sentence of 6 ½ years imprisonment, non-parole period of 3 years and 3 months to date from 2 November 2022.