R v Ford [2020] NSWDC 917

District Court New South Wales

Medium Neutral Citation: R v Ford [2020] NSWDC 917 Hearing dates: 14 December 2020 Decision date: 14 December 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 3 years 9 months with a non- parole period of 2 years 3 months. Catchwords: CRIME – Possess or use a prohibited weapon without permit – Affray - Reckless wounding - breach of bond SENTENCING - Relevant factors on sentence – offences committed while subject to a bond - early plea - nature of weapon used - background of disadvantage - some progress toward rehabilitation – is community protection best served by removal or rehabilitation Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Weapons Prohibition Act 1998 Cases Cited: Attorney General's Application No. 1: [2002] NSWCCA 518 (2002) 56 NSWLR 146 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Category: Sentence Parties: Dylan Ford (the offender) Director of Public Prosecutions Representation: Counsel: Mr M Ainsworth (for the offender)

Solicitors: Oxford Lawyers Service (for the offender) Ms T Collison (for Director of Public Prosecutions) File Number(s): 2020/00026545

sentence – ex tempore revised

Introduction 1. On Australia Day this year what started out as a friendly interaction between two groups celebrating the day had tragic results. Thankfully they were not more tragic. 2. The offender for sentence, Dylan Ford, well knew the consequences of taking illicit drugs, carrying knives and drinking to excess. He had, for a period, sought to put that part of his life behind him. He had found work and was, until this day, utilising some of the lessons learnt while on parole and from the various EQUIPS programs he had done. All of that good work was put to nought this day. To use his own words; he "blew it." And, he is now back in gaol. 3. Pleas of guilty were entered to three charges: 1. Possession of a prohibited weapon (knuckledusters): s 7(1) Weapons Prohibition Act 1998; maximum penalty 14 years' imprisonment, standard non-parole period five years. 2. Affray: s 93(1) Crimes Act 1900; maximum penalty ten years' imprisonment. 3. Reckless wounding: s 35(4) Crimes Act; maximum penalty seven years' imprisonment, standard non-parole period three years. 1. I am also asked when I sentence for the weapons charge to take into account two further matters on the Form 1. I will do so. They are - resist arrest and possession of a quantity of MDMA. 2. In some cases Form 1 matters can lead to a significant increase in the otherwise appropriate sentence. Ford has past convictions on his criminal record for drug possession and resisting police. Here however, the circumstances surrounding each Form 1 matter are such that, had they stood alone, it is unlikely that the s 5 Crimes (Sentencing Procedure) Act 1999 threshold would have been crossed. Nevertheless, I take them into account in accordance with the directions given by the Court of Criminal Appeal in the guideline judgement from 2002: Attorney General's Application No. 1: [2002] NSWCCA 518 (2002) 56 NSWLR 146 at [39] – [42]. Guideline judgements must be given effect.