R v Fahey [2021] NSWDC 717

R v Fahey [2021] NSWDC 717

An aggregate sentence of four years (non-parole period of two years) is appropriate for the offender due to the seriousness of wounding and firearms offences, mitigated by significant childhood deprivation and special circumstances including pandemic-related hardship, but insufficient for eligibility for an Intensive Correction Order given the length and gravity of the offences and the absence of community treatment programs.

Jurisdiction
Australia
Judgment Date
01 October 2021
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of 4 years imprisonment with a non-parole period of 2 years.
Legal Topics
['reckless Wounding' 'possession of Shortened Firearm' 'possession of Unauthorised Firearm' 'possession of Ammunition Without Authority' 'sentencing' 'childhood Deprivation' 'moral Culpability' 'special Circumstances' 'covid 19 Restrictions' 'intensive Correction Order' 'early Guilty Plea']
['criminal Law'] ['reckless Wounding' 'possession of Shortened Firearm' 'possession of Unauthorised Firearm' 'possession of Ammunition Without Authority' 'sentencing' 'childhood Deprivation' 'moral Culpability' 'special Circumstances' 'covid 19 Restrictions' 'intensive Correction Order' 'early Guilty Plea']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for reckless wounding and firearms offences' 'Consideration of special circumstances and reduced moral culpability due to childhood deprivation' 'Suitability of an Intensive Correction Order for part of the custodial sentence']

Ratio Decidendi

An aggregate sentence of four years (non-parole period of two years) is appropriate for the offender due to the seriousness of wounding and firearms offences, mitigated by significant childhood deprivation and special circumstances including pandemic-related hardship, but insufficient for eligibility for an Intensive Correction Order given the length and gravity of the offences and the absence of community treatment programs.

Court Disposition

Aggregate sentence of 4 years imprisonment with a non-parole period of 2 years.

Orders

  • ['Sentence of 3 years (non-parole period 1 year 6 months) for reckless wounding.' 'Sentence of 1 year 1 month for possess shortened firearm (not pistol) without authority.' 'Sentence of 2 years 3 months for possess unauthorised firearm.' 'Aggregate sentence of 4 years imprisonment (non-parole period 2 years).'...