Adam Joseph BASEDOW v R [2010] NSWCCA 76

Adam Joseph BASEDOW v R [2010] NSWCCA 76

The sentence was not shown to be manifestly excessive. The sentencing judge did not make an error warranting intervention: the applicant's knowledge of the illegality of his conduct could fairly be seen as directly related to the offence or, in any event, the distinction urged by the applicant could not have...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 May 2010
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted by majority; appeal dismissed.
Legal Topics
['unauthorised Possession of Firearms in Aggravated Circumstances' 'standard Non Parole Period' 'objective Seriousness' 'prior Firearms Convictions' 'manifest Excess']
['criminal Law' 'sentencing' 'firearms Law'] ['unauthorised Possession of Firearms in Aggravated Circumstances' 'standard Non Parole Period' 'objective Seriousness' 'prior Firearms Convictions' 'manifest Excess']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred by taking the applicant's knowledge of firearms laws and prior firearms convictions into account when assessing objective seriousness and leniency." 'Whether the sentence of 3 years imprisonment with a non-parole period of 2 years was manifestly excessive.']

Ratio Decidendi

The sentence was not shown to be manifestly excessive. The sentencing judge did not make an error warranting intervention: the applicant's knowledge of the illegality of his conduct could fairly be seen as directly related to the offence or, in any event, the distinction urged by the applicant could not have affected the sentence; the judge properly considered the applicant's favourable subjective circumstances, absence of criminal milieu, guilty plea and prior firearms convictions, and the sentence fell within the bounds of legitimate sentencing discretion given the 20 year maximum sentence and 10 year standard non-parole period.

Court Disposition

Leave to appeal granted by majority; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']