R v Winslade [2020] NSWDC 545

R v Winslade [2020] NSWDC 545

Having regard to the seriousness of multiple offences, breaches of conditional liberty, vulnerability of victims (including a pregnant woman and child), calculated act to influence a witness, possession of prohibited and shortened firearms with capacity for concealment, late utility of guilty pleas, and absence of significant injury, the offender is appropriately sentenced to an aggregate term of imprisonment with a non-parole period, reflecting totality, proportionality, aggravating circumstances, and special circumstances for extended supervised rehabilitation.

Jurisdiction
Australia
Judgment Date
01 June 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to aggregate term of imprisonment
Legal Topics
['breach of Bond' 'common Assault' 'possess Unauthorised Prohibited Firearm' 'handle Explosive Without Authorising Licence' 'possess Shortened Firearm Without Authority' 'use Offensive Weapon With Intent to Commit Indictable Offence' 'act With Intent to Influence Witness' 'aggregate Sentencing' 'timing of Pleas' 'seriousness of Offences' 'deterrence' 'subjective Factors']
['criminal Law'] ['breach of Bond' 'common Assault' 'possess Unauthorised Prohibited Firearm' 'handle Explosive Without Authorising Licence' 'possess Shortened Firearm Without Authority' 'use Offensive Weapon With Intent to Commit Indictable Offence' 'act With Intent to Influence Witness' 'aggregate Sentencing' 'timing of Pleas' 'seriousness of Offences' 'deterrence' 'subjective Factors']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentencing for breaches of bonds relating to assault and armed intent offences' 'Sentencing for possession and use of prohibited and shortened firearms and explosives' 'Sentencing for acts with intent to influence a witness' 'Application of discount for guilty plea' 'Assessment of objective seriousness' 'Consideration of aggravating factors and subjective circumstances' 'Determination of special circumstances for non-parole period']

Ratio Decidendi

Having regard to the seriousness of multiple offences, breaches of conditional liberty, vulnerability of victims (including a pregnant woman and child), calculated act to influence a witness, possession of prohibited and shortened firearms with capacity for concealment, late utility of guilty pleas, and absence of significant injury, the offender is appropriately sentenced to an aggregate term of imprisonment with a non-parole period, reflecting totality, proportionality, aggravating circumstances, and special circumstances for extended supervised rehabilitation.

Court Disposition

Convicted and sentenced to aggregate term of imprisonment

Orders

  • ['Bonds under s 9 and s 12 revoked.' 'Indicative sentences: breaches of bond – common assault (April Araullo) 9 months; armed with intent to commit indictable offence (intimidation) 8 months.' 'For offences on indictment: s 61 common assault (Lewis Cebedo) 11 months; s 7(1) possess prohibited firearm 1 year (NPP 8...