R v Harley James Buhagiar [2017] NSWDC 339

R v Harley James Buhagiar [2017] NSWDC 339

The court found Count 1 was in the lower range of objective seriousness, Count 2 was in the mid-range and Count 3 was below the mid-range. Although the firearms were not in working order, they were capable of intimidation, and possession for on-sale to the criminal milieu was not less culpable than possession for use in criminal activity. Taking into account the Form 1 offences, the offender's earliest guilty pleas, remorse, limited prior history, youth, good rehabilitation prospects, first custody, family support, need for supervision, and the principles of totality and accumulation, no penalty other than imprisonment was appropriate and an aggregate sentence with special circumstances...

Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
The offender was convicted and sentenced to an aggregate head sentence of 3 years and 8 months imprisonment, comprising a minimum term of 2 years and 6 months and an additional term of 1 year and 2 months with eligibility for parole during the additional term.
Legal Topics
['supply of Prohibited Drug' 'methylamphetamine' 'possession of Unauthorised Prohibited Firearm' 'possession of Unauthorised Pistol' 'form 1 Offences' 'remorse' 'special Circumstances' 'totality and Accumulation' 'prospects of Rehabilitation']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug' 'methylamphetamine' 'possession of Unauthorised Prohibited Firearm' 'possession of Unauthorised Pistol' 'form 1 Offences' 'remorse' 'special Circumstances' 'totality and Accumulation' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 7.08 grams of methylamphetamine, possessing an unauthorised prohibited firearm and possessing an unauthorised pistol after guilty pleas.' 'What objective seriousness attached to the drug supply and firearms offences, including where the firearms were not in working order.' 'Whether Form 1 offences should be taken into account under s 32 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether the offender established remorse, good prospects of rehabilitation and special circumstances.' 'How totality and accumulation should be applied in imposing an aggregate sentence.']

Ratio Decidendi

The court found Count 1 was in the lower range of objective seriousness, Count 2 was in the mid-range and Count 3 was below the mid-range. Although the firearms were not in working order, they were capable of intimidation, and possession for on-sale to the criminal milieu was not less culpable than possession for use in criminal activity. Taking into account the Form 1 offences, the offender's earliest guilty pleas, remorse, limited prior history, youth, good rehabilitation prospects, first custody, family support, need for supervision, and the principles of totality and accumulation, no penalty other than imprisonment was appropriate and an aggregate sentence with special circumstances...

Court Disposition

The offender was convicted and sentenced to an aggregate head sentence of 3 years and 8 months imprisonment, comprising a minimum term of 2 years and 6 months and an additional term of 1 year and 2 months with eligibility for parole during the additional term.

Orders

  • ['The offender is convicted.' 'An aggregate sentence comprising a minimum term of 2 years and 6 months imprisonment is imposed, to commence on 18 September 2016 and expire on 17 March 2019.' 'The offender is to serve an additional term of 1 year and two months imprisonment commencing on 18 March 2019 and expiring on...