R v Green [2022] NSWDC 749

R v Green [2022] NSWDC 749

Aggregate custodial sentence of 5 years (with non-parole period of 2 years, 6 months) imposed due to seriousness of offending, presence of special circumstances (age, mental health, substance dependence, prospects of rehabilitation, and need for substantial parole supervision); the offences occurred while the accused was subject to Community Correction Orders; discount for guilty plea applied; non-custodial options found unsuitable.

Parties
Prosecution: Regina; Defendant: Green, Alex
Jurisdiction
Australia
Judgment Date
08 July 2022
Procedural Posture
Criminal / Sentencing
Outcome
Convicted. Special circumstances found. Aggregate sentence of 5 years; eligible for parole after 2 years 6 months supervision.
Legal Topics
Sentencing, Possess Unauthorised Pistol, Not Keep Firearms Safely, Possess More Than Three Unregistered Firearms, Possess Ammunition Without Licence, Supply Prohibited Drugs on Ongoing Basis, Form 1 Matters, Seriousness of Offences, Committed Whilst on Community Correction Orders, Deterrence, Subjective Matters
Criminal Law Sentencing Possess Unauthorised Pistol Not Keep Firearms Safely Possess More Than Three Unregistered Firearms Possess Ammunition Without Licence Supply Prohibited Drugs on Ongoing Basis Form 1 Matters +4 more

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Parties

Regina

Prosecution

Green, Alex

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Determination of appropriate sentence for offences: possess unauthorised pistol; not keep firearms safely; possess more than three unregistered firearms; possess ammunition without licence; supply prohibited drugs on ongoing basis; supply prohibited drug (more than indictable but less than commercial quantity); and related matters
  2. 2 Assessment of objective and subjective seriousness including special circumstances (age, mental health, substance abuse, prospects of rehabilitation)
  3. 3 Interpretation and application of standard non-parole periods, sentencing discounts due to guilty plea, and aggregation of sentences

Ratio Decidendi

Aggregate custodial sentence of 5 years (with non-parole period of 2 years, 6 months) imposed due to seriousness of offending, presence of special circumstances (age, mental health, substance dependence, prospects of rehabilitation, and need for substantial parole supervision); the offences occurred while the accused was subject to Community Correction Orders; discount for guilty plea applied; non-custodial options found unsuitable.

Court Disposition

Convicted. Special circumstances found. Aggregate sentence of 5 years; eligible for parole after 2 years 6 months supervision.

Orders

  • Sentenced to a term of imprisonment of 5 years comprising a non-parole period (NPP) of 2 years and 6 months commencing 11 February 2021 and expiring 10 August 2023, after which parole eligibility; balance of term 2 years and 6 months commencing 11 August 2023 and expiring 10 February 2026.