Dean v R [2020] NSWCCA 317

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dean v R [2020] NSWCCA 317 Hearing dates: 18 November 2020 Date of orders: 8 December 2020 Decision date: 08 December 2020 Before: Hoeben CJ at CL; Price J; Fagan J Decision: 1 Leave to appeal is granted. 2 The appeal against conviction on offence 6 (not keep a firearm safely, contrary to s 39(1)(a) of the Firearms Act 1996 (NSW)) is upheld and the conviction is quashed. 3 The appeal against sentence in respect of offences 1-5 inclusive, 7, A, B, D and E is upheld and the sentences imposed on 13 February 2020 are quashed. 4 In lieu thereof the applicant is sentenced as follows: (a) in respect of offence 2 (use a carriage service to threaten to kill, contrary to s 474.15(1) of the Criminal Code (Cth)) – to a term of imprisonment of 3 years commencing on 12 July 2015 and expiring on 11 July 2018; (b) in respect of offences 1, 3, 4, 5, 7, A, B, D and E – to an aggregate sentence of 6 years commencing on 12 July 2016 and expiring on 11 July 2022 with a non-parole period of 3 years and 8 months expiring on 11 March 2020. The applicant has been eligible for release on parole from 11 March 2020 Catchwords: CRIMINAL LAW – appeal against sentence – possession of firearm with intent to intimidate – possession and discharge of firearm in a public place and while under the influence of alcohol – offer of plea to lesser charge – applicant found not guilty of more serious charge – applicant entitled to 25% discount – leave to appeal granted – applicant resentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Domestic and Personal) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Lehn v R [2016] NSWCCA 255 R v Cardoso [2003] NSWCCA 15 R v Oinonen [1999] NSWCCA 310 R v Pennisi [2001] NSWCCA 326 Category: Principal judgment Parties: Dean (applicant) Regina (respondent) Representation: Counsel: J Paingakulam (applicant) M Millward (respondent)