R v Pedro Juoaquin COLOMER [2013] NSWDC 45

R v Pedro Juoaquin COLOMER [2013] NSWDC 45

The offender's vigilante confrontation at Bunnings, involving unlawful possession of a prohibited semi-automatic pistol, intimidating FA with that weapon during a struggle, and deliberately firing two shots in the direction of gathered personnel, involved very serious criminality and required full-time imprisonment. His mental health, chronic pain, substance abuse, family situation and rehabilitation prospects did not mitigate the seriousness of the offending itself, but made custody more onerous and justified a finding of special circumstances. Because the offences arose from one connected escalating episode, the sentences were ordered to run concurrently, producing an overall sentence...

Jurisdiction
Australia
Judgment Date
22 February 2013
Procedural Posture
Criminal Sentence / Sentence After Jury Trial and Guilty Verdicts on Three Charges
Outcome
The offender was convicted and sentenced to full-time imprisonment, with concurrent sentences and special circumstances found.
Legal Topics
['use Offensive Weapon With Intent to Intimidate' 'discharge Firearm in Public Place' 'possess Prohibited Pistol Without Licence or Permit' 'objective Criminality' 'subjective Circumstances' 'special Circumstances' 'concurrent Sentences']
['criminal Law' 'sentencing' 'firearms Offences'] ['use Offensive Weapon With Intent to Intimidate' 'discharge Firearm in Public Place' 'possess Prohibited Pistol Without Licence or Permit' 'objective Criminality' 'subjective Circumstances' 'special Circumstances' 'concurrent Sentences']

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Procedural Posture

Criminal Sentence / Sentence After Jury Trial and Guilty Verdicts on Three Charges

Legal Issues

  1. 1 ["What findings of fact should be made consistently with the jury's verdicts for the purposes of sentence." 'The objective seriousness of possessing a prohibited pistol, discharging a pistol in a public place, and using an offensive weapon with intent to intimidate.' "The weight to be given to the offender's subjective circumstances, including mental health, chronic pain, substance abuse, family circumstances, prior record and rehabilitation prospects." 'Whether special circumstances should be found and whether the sentences should be concurrent.']

Ratio Decidendi

The offender's vigilante confrontation at Bunnings, involving unlawful possession of a prohibited semi-automatic pistol, intimidating FA with that weapon during a struggle, and deliberately firing two shots in the direction of gathered personnel, involved very serious criminality and required full-time imprisonment. His mental health, chronic pain, substance abuse, family situation and rehabilitation prospects did not mitigate the seriousness of the offending itself, but made custody more onerous and justified a finding of special circumstances. Because the offences arose from one connected escalating episode, the sentences were ordered to run concurrently, producing an overall sentence...

Court Disposition

The offender was convicted and sentenced to full-time imprisonment, with concurrent sentences and special circumstances found.

Orders

  • ['For possessing a prohibited pistol without being authorised by licence or permit on 5 August 2010 at Greenfield Park, the offender was sentenced to 18 months imprisonment commencing 5 August 2010 and expiring 4 February 2012.' 'For discharging a pistol in a public place, a non-parole period of 4 years and 6 months...