R v Sequera [2021] NSWDC 573

District Court New South Wales

Medium Neutral Citation: R v Sequera [2021] NSWDC 573 Hearing dates: 30 September 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [102]. Catchwords: CRIME – fire firearm at building with reckless disregard for safety of another person. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Regulation 2017 Crimes Act 1900 Firearms Act 1996 Cases Cited: Blanco v R [1999] NSWCCA 121 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 ;[2010] NSWCCA 194 DPP (Cth) v Saadieh [2021] NSWSC 1186 Hoskins v R [2021] NSWCCA 169 Kearsley v R [2017] NSWCCA 28 Mill v The Queen [1988] 166 CLR 59 Ozan v R [2021] NSWCCA 231 R v Henry (1996) 46 NSWLR 346 R v Todd [1982] 2 NSWLR 517 Tuala v R [2015] NSWCCA 8 Category: Sentence Parties: Director of Public Prosecutions (Crown) Dylan Sequera (Offender) Representation: Solicitor/Trial Advocates: M. Gilmore (Crown) P. Ye (Offender) File Number(s): 2020/000262254

REMARKS ON SENTENCE 1. The offender is to be sentenced having pleaded guilty to an offence pursuant to s 93GA(1) of the Crimes Act 1900 of fire firearm at building with reckless disregard for safety of another person. The maximum penalty is 14 years imprisonment and at the time of the offence, which occurred on 27 December 2014, there was no standard non-parole period prescribed. 2. The offender was arrested on 9 September 2020 and has been in custody on remand since that date.