Taylor v R [2018] NSWCCA 50

Taylor v R [2018] NSWCCA 50

The sentencing judge did not find the aggravating factor in s.21A(2)(i) Crimes (Sentencing Procedure) Act 1999 but properly considered public safety issues inherent in the Applicant's possession of several insecure, unregistered firearms and ammunition on a semi-remote rural property when assessing objective...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['possession of More Than Three Unregistered Firearms Including at Least One Prohibited Firearm' 'form 1 Offences' 'public Safety' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'manifest Excess']
['criminal Law' 'sentencing' 'firearms Offences'] ['possession of More Than Three Unregistered Firearms Including at Least One Prohibited Firearm' 'form 1 Offences' 'public Safety' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'manifest Excess']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the approach to public safety and s.21A(2)(i) Crimes (Sentencing Procedure) Act 1999 when sentencing for firearms offences committed on a semi-remote rural property.' "Whether the sentence of four years and six months' imprisonment with a non-parole period of two years and six months was manifestly excessive."]

Ratio Decidendi

The sentencing judge did not find the aggravating factor in s.21A(2)(i) Crimes (Sentencing Procedure) Act 1999 but properly considered public safety issues inherent in the Applicant's possession of several insecure, unregistered firearms and ammunition on a semi-remote rural property when assessing objective seriousness. In light of the working and loaded firearms, insecure storage, ammunition, the Applicant's knowledge of illegality, prior firearm offending, the Form 1 offences, and the need for specific and general deterrence, the sentence was within the sentencing discretion and was not manifestly excessive.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Appeal dismissed.']