REGINA v Mark Isaac Shane BROWN [2006] NSWCCA 249

REGINA v Mark Isaac Shane BROWN [2006] NSWCCA 249

The offence was a serious example of possession of more than three unregistered firearms by a person not licensed to possess them, involving warehousing firearms for sale to criminals for profit, including an automatic self-loading rifle and concealable keyring pistols. The sentence was within the range of the sentencing discretion and arguably low, and the Applicant's additional complaints showed no sentencing error. However, because s44 of the Crimes (Sentencing Procedure) Act 1999 applied and the sentence was not expressed by first fixing the non-parole period and then the balance of term, the Court granted leave and resentenced the Applicant to correct that technical error.

Jurisdiction
Australia
Judgment Date
17 August 2006
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Extension of Time and Leave to Appeal
Outcome
Time to apply for leave to appeal was extended, leave to appeal was granted, the sentence was set aside, and the Appellant was resentenced to the same effective non-parole period and total term expressed in accordance with s44 of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['firearms Offences' 'possession of Unregistered Firearms' 'severity of Sentence' 'maximum Penalty' 'non Parole Period' 'crimes (sentencing Procedure) Act 1999, S44']
['criminal Law' 'sentencing'] ['firearms Offences' 'possession of Unregistered Firearms' 'severity of Sentence' 'maximum Penalty' 'non Parole Period' 'crimes (sentencing Procedure) Act 1999, S44']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for possession of more than three unregistered firearms was excessive.' "Whether the sentencing judge failed to give adequate weight to the Applicant's circumstances, protective custody, childhood sexual abuse, intellectual disability, remorse, and willingness to assist authorities." 'Whether the sentencing judge erred by expressing the sentence as a term of eight years with a non-parole period of five years instead of first setting the non-parole period and then the balance of term under s44 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offence was a serious example of possession of more than three unregistered firearms by a person not licensed to possess them, involving warehousing firearms for sale to criminals for profit, including an automatic self-loading rifle and concealable keyring pistols. The sentence was within the range of the sentencing discretion and arguably low, and the Applicant's additional complaints showed no sentencing error. However, because s44 of the Crimes (Sentencing Procedure) Act 1999 applied and the sentence was not expressed by first fixing the non-parole period and then the balance of term, the Court granted leave and resentenced the Applicant to correct that technical error.

Court Disposition

Time to apply for leave to appeal was extended, leave to appeal was granted, the sentence was set aside, and the Appellant was resentenced to the same effective non-parole period and total term expressed in accordance with s44 of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['Extend time to apply for leave to appeal up to and including 18 July 2005.' 'Leave to appeal granted.' 'Set aside the sentence of 22 October 2004.' 'The Appellant is sentenced to a non-parole period of five years commencing on 20 September 2003 and expiring on 19 September 2008 and a balance of term of three years...