R v Falk-Meyn [2013] NSWDC 35

R v Falk-Meyn [2013] NSWDC 35

The offender deliberately armed himself with a shortened shotgun, planned to kill Mr Barrett, lured him outside, shot him at close range with intent to murder him, and caused catastrophic injury. Although his impaired mental state reduced his moral culpability to some extent and his early guilty plea warranted a twenty-five per cent discount, the objective seriousness of the conduct, the separate criminality of possessing the prohibited weapon and Form 1 matters, his guarded prognosis, and the need for community protection required a lengthy term of imprisonment with only a modest adjustment for special circumstances to allow parole supervision.

Jurisdiction
Australia
Judgment Date
07 February 2013
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Sentenced to imprisonment consisting of an overall non-parole period of 9 years and an overall head sentence of 13 years.
Legal Topics
['shooting With Intent to Murder' 'possess Prohibited Weapon' 'form 1 Offences' 'mental Illness and Moral Culpability' 'non Parole Period']
['criminal Law' 'sentencing'] ['shooting With Intent to Murder' 'possess Prohibited Weapon' 'form 1 Offences' 'mental Illness and Moral Culpability' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for shooting Maxwell Barrett with intent to murder him.' 'What sentence should be imposed for possessing a prohibited weapon, taking into account Form 1 matters of possessing ammunition without a permit and not keeping the firearm safely.' "How the offender's mental state, personality disorder, drug use, early guilty plea, prior custody, objective seriousness, and need for parole supervision affected sentence."]

Ratio Decidendi

The offender deliberately armed himself with a shortened shotgun, planned to kill Mr Barrett, lured him outside, shot him at close range with intent to murder him, and caused catastrophic injury. Although his impaired mental state reduced his moral culpability to some extent and his early guilty plea warranted a twenty-five per cent discount, the objective seriousness of the conduct, the separate criminality of possessing the prohibited weapon and Form 1 matters, his guarded prognosis, and the need for community protection required a lengthy term of imprisonment with only a modest adjustment for special circumstances to allow parole supervision.

Court Disposition

Sentenced to imprisonment consisting of an overall non-parole period of 9 years and an overall head sentence of 13 years.

Orders

  • ['For count 2 on the indictment, taking into account the Form 1 matters, the offender is sentenced to imprisonment with a non-parole period of 3 years and a head sentence of 4 years to date from 24 November 2011.' 'For count 1 on the indictment, the offender is sentenced to imprisonment with a non-parole period of 8...