R v Williams [2022] NSWDC 189

R v Williams [2022] NSWDC 189

Having regard to the objective seriousness and subjective circumstances, including background, trauma, substance abuse, and the onerous nature of custody, community correction orders are imposed for use of firearm and summary matters, with an aggregate term of imprisonment for the remaining offences reflecting totality and special circumstances; sentences adjusted for guilty plea and rehabilitation prospects.

Parties
Prosecution: Regina (Crown); Offender: Edward Williams
Jurisdiction
Australia
Judgment Date
07 June 2022
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence imposed
Legal Topics
Firearms Offences, Drug Offences, Cultivate Prohibited Plant, Participate in Criminal Group, Sentencing, Community Correction Order, Aggregate Sentence, Special Circumstances
Criminal Law Firearms Offences Drug Offences Cultivate Prohibited Plant Participate in Criminal Group Sentencing Community Correction Order Aggregate Sentence +1 more

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Parties

Regina (Crown)

Prosecution

Edward Williams

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Determination of appropriate sentence for multiple offences including firearms, drug offences, property offences, and participation in a criminal group
  2. 2 Consideration of objective seriousness, subjective case, aggravating and mitigating factors
  3. 3 Assessment of special circumstances for the offender affecting sentencing

Ratio Decidendi

Having regard to the objective seriousness and subjective circumstances, including background, trauma, substance abuse, and the onerous nature of custody, community correction orders are imposed for use of firearm and summary matters, with an aggregate term of imprisonment for the remaining offences reflecting totality and special circumstances; sentences adjusted for guilty plea and rehabilitation prospects.

Court Disposition

conviction and sentence imposed

Orders

  • Of the offences stated on the indictment and section 166 certificate the offender is convicted.
  • In respect of count 1 and the section 166 certificate matters, a Community Correction Order for a term of 2 years from 07 June 2022 with standard conditions is imposed in each case.