Baxter v R [2018] NSWCCA 281

Baxter v R [2018] NSWCCA 281

The only evidence described the firearm as a shortened 12 gauge single barrel shotgun with a total length of 32 cm. Because reg 152 of the Firearms Regulation 2017 (NSW) was confined to s 62(2) of the Firearms Act 1996 (NSW) and did not prescribe minimum dimensions for the purposes of Sch 1 cl 16, there was no definition of prohibited firearm capable of sustaining the firearm convictions. Those convictions had to be quashed, and because the applicant had received an aggregate sentence, no lawful sentence remained for the other offences, requiring the aggregate sentence to be quashed and the matter remitted to the District Court.

Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Leave to Appeal Against Convictions for Firearm Offences Granted and Appeal Allowed
Outcome
Leave to appeal against the firearm convictions was granted, the appeal in respect of those convictions was allowed, the convictions were set aside, the aggregate sentence was quashed, and the matter was remitted to the District Court.
Legal Topics
['aggregate Sentence' 'prohibited Firearm' 'attempted Supply of a Prohibited Firearm' 'possession of a Prohibited Firearm' 'construction of Firearms Act 1996 (nsw) and Firearms Regulation 2017 (nsw)' 'remittal for Sentence']
['criminal Law' 'criminal Appeal' 'sentencing' 'firearms Offences' 'drug Offences'] ['aggregate Sentence' 'prohibited Firearm' 'attempted Supply of a Prohibited Firearm' 'possession of a Prohibited Firearm' 'construction of Firearms Act 1996 (nsw) and Firearms Regulation 2017 (nsw)' 'remittal for Sentence']

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 Appeal / Application for Leave to Appeal Against Sentence; Leave to Appeal Against Convictions for Firearm Offences Granted and Appeal Allowed

Legal Issues

  1. 1 ['Whether the evidence was capable of establishing that the shortened single barrel 12 gauge shotgun was a "prohibited firearm" within the meaning of the Firearms Act 1996 (NSW).' 'Whether the convictions for attempted supply of a prohibited firearm and possession of a prohibited firearm could be sustained.' 'Whether the aggregate sentence could stand if the firearm convictions were quashed.' "Whether incorrectly entered orders on JusticeLink should be corrected to reflect the Court's pronouncement and intention."]

Ratio Decidendi

The only evidence described the firearm as a shortened 12 gauge single barrel shotgun with a total length of 32 cm. Because reg 152 of the Firearms Regulation 2017 (NSW) was confined to s 62(2) of the Firearms Act 1996 (NSW) and did not prescribe minimum dimensions for the purposes of Sch 1 cl 16, there was no definition of prohibited firearm capable of sustaining the firearm convictions. Those convictions had to be quashed, and because the applicant had received an aggregate sentence, no lawful sentence remained for the other offences, requiring the aggregate sentence to be quashed and the matter remitted to the District Court.

Court Disposition

Leave to appeal against the firearm convictions was granted, the appeal in respect of those convictions was allowed, the convictions were set aside, the aggregate sentence was quashed, and the matter was remitted to the District Court.

Orders

  • ['Give leave to the applicant to appeal against the conviction for offences of attempt to supply a prohibited firearm, and possess a prohibited firearm.' 'Allow the appeal to the Court in respect of the convictions of those offences, and set aside the convictions.' 'Quash the aggregate sentence imposed on the...