R v Sequera [2021] NSWDC 573

R v Sequera [2021] NSWDC 573

In light of the objective seriousness (slightly below mid-range) of firing a firearm at a building with reckless disregard for safety, the offender's early guilty plea, profound deprivation, drug addiction, mental health issues, significant rehabilitation prior to arrest, delay in sentencing, and the impact of COVID-19 on prison conditions, the appropriate sentence is a total of three years full-time imprisonment with an 18-month non-parole period, commencing 9 September 2020, and a finding of special circumstances to support extended parole.

Jurisdiction
Australia
Judgment Date
22 October 2021
Procedural Posture
Sentence / Decision on Sentence
Outcome
custodial sentence imposed
Legal Topics
['sentencing' 'firearms Offences' 'objective Seriousness' 'subjective Circumstances' 'delay' 'remorse' 'rehabilitation' 'covid 19 Impact' 'utilitarian Discount']
['criminal Law'] ['sentencing' 'firearms Offences' 'objective Seriousness' 'subjective Circumstances' 'delay' 'remorse' 'rehabilitation' 'covid 19 Impact' 'utilitarian Discount']

Case Brief

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Procedural Posture

Sentence / Decision on Sentence

Legal Issues

  1. 1 ['Appropriate sentence for offence of firing firearm at building with reckless disregard for safety under s 93GA(1) of the Crimes Act 1900' 'Effect of subjective circumstances including drug addiction, deprivation, and mental health on sentence' "Impact of delay and offender's rehabilitation on sentence" 'Relevance of victim impact statement by family member under the Crimes (Sentencing Procedure) Regulation 2017']

Ratio Decidendi

In light of the objective seriousness (slightly below mid-range) of firing a firearm at a building with reckless disregard for safety, the offender's early guilty plea, profound deprivation, drug addiction, mental health issues, significant rehabilitation prior to arrest, delay in sentencing, and the impact of COVID-19 on prison conditions, the appropriate sentence is a total of three years full-time imprisonment with an 18-month non-parole period, commencing 9 September 2020, and a finding of special circumstances to support extended parole.

Court Disposition

custodial sentence imposed

Orders

  • ['The offender is convicted of firing a firearm at a building with reckless disregard for safety of another person pursuant to s 93GA(1) of the Crimes Act 1900.' 'Sentenced to a non-parole period of 18 months imprisonment commencing 9 September 2020 and terminating 8 March 2022.' 'Balance of term: further 18 months,...