R v Birchell [2020] NSWDC 69

R v Birchell [2020] NSWDC 69

Given the offender's limited involvement as accessory after the fact, good character, rehabilitation prospects, remorse, and early guilty plea, a community correction order rather than imprisonment is appropriate.

Parties
Crown: Regina; Offender: David Birchell
Jurisdiction
Australia
Judgment Date
13 February 2020
Procedural Posture
Criminal / Sentence
Outcome
Community Correction Order for 2 years.
Legal Topics
Accessory After the Fact, Firearms Offence, Grievous Bodily Harm, Sentencing
Criminal Law Accessory After the Fact Firearms Offence Grievous Bodily Harm Sentencing

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Parties

Regina

Crown

David Birchell

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for being an accessory after the fact to the discharge of a firearm with intent to cause grievous bodily harm?

Ratio Decidendi

Given the offender's limited involvement as accessory after the fact, good character, rehabilitation prospects, remorse, and early guilty plea, a community correction order rather than imprisonment is appropriate.

Court Disposition

Community Correction Order for 2 years.

Orders

  • Community Correction Order for 2 years, with standard conditions and an additional requirement to inform the registrar of any change of address in writing.