Aird v R [2022] NSWCCA 35

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Aird v R [2022] NSWCCA 35 Hearing dates: 14 July 2021 Date of orders: 25 February 2022 Decision date: 25 February 2022 Before: Meagher JA at [1]; Walton J at [60]; Harrison J at [61] Decision: (1) Extend the time for filing of the application for leave to appeal to 1 March 2021. (2) Grant leave to appeal against the sentence imposed on 16 September 2019. (3) Allow the appeal. (4) Quash the sentence imposed on 16 September 2019. (5) Instead, impose an aggregate sentence of imprisonment of 4 years and 10 months with a non-parole period of 3 years commencing on 12 July 2019 and expiring on 11 July 2022, and an additional term of 1 year and 10 months expiring on 11 May 2024 during which the applicant shall be eligible to be released to parole subject to the decision of the State Parole Authority. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – where applicant convicted of firearm offences – where no suggestion that firearms held for sale or storage for any third party – whether sentence imposed manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 53A, 21A(3)(i) Crimes Act 1900 (NSW), s 93FA(2) Criminal Appeal Act 1912 (NSW), s 5(1)(c) Firearms Act 1996 (NSW) Pt 4; ss 3(2)(a), (c), (e), 4, 39(1)(a), 51D(2), 62(1)(b), 65(3) Firearms Regulation 2017 (NSW), r 28B Weapons Prohibition Act 1998 (NSW), s 7(1) Cases Cited: Dionys v R [2011] NSWCCA 272; (2011) 217 A Crim R 280 El Jamal v R [2017] NSWCCA 243 Elsaj v R [2017] NSWCCA 124 Hughes v R [2018] NSWCCA 2 JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528 R v Brown [2006] NSWCCA 249 R v Cromarty [2004] NSWCCA 54; (2004) 144 A Crim R 515 R v Lachlan [2015] NSWCCA 178; (2015) 252 A Crim R 277 Taylor v R [2018] NSWCCA 50 Weaver v R [2021] NSWCCA 215 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Peter James Aird (Applicant) Regina (Respondent) Representation: Counsel: