R v Tomkins, John [2009] NSWDC 95

R v Tomkins, John [2009] NSWDC 95

Despite the gravity the legislature attributes to offences under s.51D(2) Firearms Act 1996, Mr Tomkins' offending was objectively at the low end, with exceptional subjective circumstances, and no evidence of trafficking or deliberate supply. It was thus expedient to discharge him on condition of a bond pursuant to section 10 Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
16 March 2009
Procedural Posture
Criminal / Sentencing
Outcome
discharged pursuant to s.10 Crimes (Sentencing Procedure) Act 1999 conditional upon entering into bonds to be of good behaviour.
Legal Topics
['sentencing' 'firearms Offences' 'possession of Unregistered Firearms' 'unsafe Storage of Ammunition']
['criminal Law'] ['sentencing' 'firearms Offences' 'possession of Unregistered Firearms' 'unsafe Storage of Ammunition']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['sentencing for possession of four unregistered firearms including a prohibited firearm' 'assessment of objective criminality' 'application of section 10 Crimes (Sentencing Procedure) Act 1999' 'unsafe storage of ammunition']

Ratio Decidendi

Despite the gravity the legislature attributes to offences under s.51D(2) Firearms Act 1996, Mr Tomkins' offending was objectively at the low end, with exceptional subjective circumstances, and no evidence of trafficking or deliberate supply. It was thus expedient to discharge him on condition of a bond pursuant to section 10 Crimes (Sentencing Procedure) Act 1999.

Court Disposition

discharged pursuant to s.10 Crimes (Sentencing Procedure) Act 1999 conditional upon entering into bonds to be of good behaviour.

Orders

  • ['Discharged conditional upon entering into a bond to be of good behaviour for one year for the offence of possessing four unregistered firearms including a prohibited firearm.' 'Discharged conditional upon entering into a bond to be of good behaviour for six months for the offence of unsafe storage of ammunition...