Regina v Eric Leonard MURRAY [2000] NSWCCA 159

Regina v Eric Leonard MURRAY [2000] NSWCCA 159

Although the applicant had strong subjective circumstances, including age, poor health, no recent convictions and first indictable offences, those matters were overtaken by the objective seriousness of receiving stolen jewellery and possessing two loaded shortened pump action shotguns concealed in his home near a balaclava and cartridges, with no accepted innocent explanation. Giving full weight to the applicant's arguments, the sentences were not outside the sentencing discretion.

Jurisdiction
Australia
Judgment Date
03 May 2000
Procedural Posture
Criminal Sentence Appeal Against Severity / Application for Leave to Appeal in the Court of Criminal Appeal
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal Against Severity' 'relevance of Summary Disposal in Sentencing' 'possession of Shortened Firearms' 'objective Seriousness and Deterrence' 'age and Poor Health as Subjective Circumstances']
['criminal Law' 'sentencing' 'firearms Offences' 'receiving Stolen Property'] ['sentence Appeal Against Severity' 'relevance of Summary Disposal in Sentencing' 'possession of Shortened Firearms' 'objective Seriousness and Deterrence' 'age and Poor Health as Subjective Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence Appeal Against Severity / Application for Leave to Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for receiving and possession of shortened firearms were outside the sentencing discretion available to the District Court judge.' 'What weight should be given to the fact that the offences could have been dealt with summarily in the Local Court.' "What weight should be given to the applicant's age, poor health, absence of convictions for about 24 or 25 years, and first appearance on indictment." 'How the absence of an innocent explanation for possession of loaded shortened pump action shotguns affected sentencing for firearm possession offences.']

Ratio Decidendi

Although the applicant had strong subjective circumstances, including age, poor health, no recent convictions and first indictable offences, those matters were overtaken by the objective seriousness of receiving stolen jewellery and possessing two loaded shortened pump action shotguns concealed in his home near a balaclava and cartridges, with no accepted innocent explanation. Giving full weight to the applicant's arguments, the sentences were not outside the sentencing discretion.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal granted.' 'Appeal dismissed.']