R v McDonald [2019] NSWDC 952

District Court New South Wales

Medium Neutral Citation: R v McDonald [2019] NSWDC 952 Hearing dates: 9 December 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: The offender is sentenced to an aggregate term of four years imprisonment and an aggregate non-parole period of two years and six months. Catchwords: CRIME — Firearms offences — Unauthorised use/possession of firearm Legislation Cited: Firearms Act 1996 (NSW) s 7(1) Weapons Prohibition Act 1998 (NSW) s 7(1) Criminal Procedure Act 1986 (NSW) s 166 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 10A Cases Cited: Lawson v R [2018] NSWCCA 215 Category: Sentence Parties: Director of Public Prosecutions (Crown) Cary McDonald (Offender) Representation: Counsel: Mr B Robinson (Offender)

Solicitors: Ms A Hooper (Crown) Mr J McGrath (Offender) File Number(s): 2019/47123 Publication restriction: Nil

SENTENCE

Introduction 1. HIS HONOUR: The offender pleaded guilty in the Local Court to the following offences. 2. That on 12 February 2019 at Marayong he possessed a prohibited firearm, namely a black Mossman 12-gauge pump action shotgun, not being authorised to do so by a licence or permit. That is an offence under s 7(1) of the Firearms Act and has a maximum penalty of 14 years imprisonment and an applicable standard non-parole period of four years. 3. The second offence is an offence that on the same day and at the same place the offender possessed a prohibited weapon, a push dagger, without being authorised to do so by a permit. That is an offence under s 7(1) of the Weapons Prohibition Act and it has a maximum penalty of 14 years imprisonment and an applicable standard non-parole period of five years. 4. The third offence is an offence that on the same day and at the same place he possessed a prohibited weapon being an electronic control device, a taser, without being authorised to do so by a permit. That too is an offence under s 7(1) of the Weapons Prohibition Act. 5. The fourth offence is an offence that on the same day and at the same place he possessed a prohibited weapon being a baton without being authorised to do so by a permit. That too is an offence under s 7(1) of the Weapons Prohibitions Act. 6. There are three Form 1s. In relation to the possess prohibited firearm offence, the offender acknowledges his guilt in relation to two further offences and asks that I take them into account when imposing sentence on the possess prohibited firearm offence. Those offences are possess unregistered firearm and possess ammunition without a licence or permit. When sentencing him in relation to the electronic control device, a taser, he acknowledges his guilt and asks that I take into account a further possess prohibited weapon offence when sentencing him on the offence concerning the taser. The further offence also involves possession of another taser. When sentencing the offender on the possess prohibited weapon offence which involves a baton, he acknowledges his guilt and asks that I take into account three further offences being possession of a prohibited weapon, being handcuffs, possession of a prohibited weapon, being an extendable baton and possession of a prohibited weapon being a ballistic vest. 7. There are two offences on a s 166 certificate under the Criminal Procedure Act being offences of not keep a firearm safely and possess prohibited drug.