Police v Tabbaa (No.2) [2022] NSWLC 22

Police v Tabbaa (No.2) [2022] NSWLC 22

The aggregate sentence of three years imprisonment with a non-parole period of two years was imposed for possession of loaded firearms in a public place, reflecting mid-range seriousness, protection of the community, general deterrence, purposes and principles of the Firearms Act, and utilization of partial accumulation to reflect total criminality; no Intensive Correction Order was appropriate due to objective gravity of offending.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence imposed
Legal Topics
['sentencing' 'firearms Offences' 'possession of Loaded Firearms' 'public Safety']
['criminal Law'] ['sentencing' 'firearms Offences' 'possession of Loaded Firearms' 'public Safety']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for possession of loaded firearms in a public place' 'Whether conditions for intensive correction order (ICO) are met' 'Relevance and impact of Form 1 offences on sentencing' 'Application of totality, personal deterrence, and community protection in sentencing' 'Consideration of special circumstances for non-parole period']

Ratio Decidendi

The aggregate sentence of three years imprisonment with a non-parole period of two years was imposed for possession of loaded firearms in a public place, reflecting mid-range seriousness, protection of the community, general deterrence, purposes and principles of the Firearms Act, and utilization of partial accumulation to reflect total criminality; no Intensive Correction Order was appropriate due to objective gravity of offending.

Court Disposition

conviction and sentence imposed

Orders

  • ['Offender convicted of both counts of possess loaded firearm in a public place (sequences 3 and 7).' 'Aggregate sentence: 3 years imprisonment from 15 September 2022 to 14 September 2025, with a non-parole period of 2 years.' 'Non-parole period: 15 September 2022 to 14 September 2024.' 'Parole: 15 September 2024 to...