R v Jones (a pseudonym) [2019] NSWDC 40

R v Jones (a pseudonym) [2019] NSWDC 40

The Court imposed an aggregate sentence because the three principal firearms offences were serious and would not have been wholly concurrent if sentenced separately. The first offence was slightly below the middle of the range, the second was towards but not at the bottom of the range, and the third was mid-range with a slight increase for the Form 1 matters. The Court gave a total 20% discount for the late guilty plea and the contents of exhibit B, treated general deterrence as strongly engaged, approached remorse with caution, found reasonable prospects of rehabilitation, and found special circumstances to adjust the non-parole period.

Jurisdiction
Australia
Judgment Date
07 February 2019
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Offender sentenced to an aggregate term of imprisonment of 8 years with a non-parole period of 5 years.
Legal Topics
['supply of Prohibited Firearms' 'possession of Firearm Part While Subject to a Firearms Prohibition Order' 'manufacture of Prohibited Firearm Without Licence or Permit' 'stalk or Intimidate' 'dealing With Proceeds of Crime' 'sentencing' 'aggregate Sentence']
['criminal Law'] ['supply of Prohibited Firearms' 'possession of Firearm Part While Subject to a Firearms Prohibition Order' 'manufacture of Prohibited Firearm Without Licence or Permit' 'stalk or Intimidate' 'dealing With Proceeds of Crime' 'sentencing' 'aggregate Sentence']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in the supply of prohibited firearms to a person unauthorised to possess them.' 'What sentence should be imposed for possessing a firearm part while subject to a Firearms Prohibition Order.' 'What sentence should be imposed for manufacturing a prohibited firearm without a licence or permit, taking into account the Form 1 matters.' 'Whether discounts should be allowed for the guilty plea and the contents of exhibit B.' 'Whether special circumstances justified a longer period on parole.']

Ratio Decidendi

The Court imposed an aggregate sentence because the three principal firearms offences were serious and would not have been wholly concurrent if sentenced separately. The first offence was slightly below the middle of the range, the second was towards but not at the bottom of the range, and the third was mid-range with a slight increase for the Form 1 matters. The Court gave a total 20% discount for the late guilty plea and the contents of exhibit B, treated general deterrence as strongly engaged, approached remorse with caution, found reasonable prospects of rehabilitation, and found special circumstances to adjust the non-parole period.

Court Disposition

Offender sentenced to an aggregate term of imprisonment of 8 years with a non-parole period of 5 years.

Orders

  • ['Aggregate term of imprisonment of 8 years.' 'Non-parole period of 5 years commencing 1 November 2017 and expiring 31 October 2022.' 'Balance of term of 3 years commencing 1 November 2022 and expiring 31 October 2025.' 'Firearm destruction order made.' 'Order made forfeiting the sum of $3,100 to the Crown in...