R v Brown [2021] NSWDC 830

District Court New South Wales

Medium Neutral Citation: R v Brown [2021] NSWDC 830 Hearing dates: 21/10/21 Date of orders: 21/10/21 Decision date: 21 October 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Re each of Counts 1, 2 and 3: Convicted and sentenced to a Community Corrections Order for a period of 2 years, to date from today. In addition to the standard conditions, the following condition is to apply: 1. 100 hours Community Service. The offender is to report to the Hornsby office of Community Corrections by telephone within 7 days. I take the matter on the Form 1 into account. Catchwords: Crime – Sentence – Possess prohibited firearm – Possess firearm without authorisation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Category: Sentence Parties: NSW DPP – Crown Ashley Francis Brown - Offender Representation: Mr N Borosh for Crown Mr G Niven for Offender File Number(s): 2019/342591

sentence - ex tempore revised 1. Mr Ashley Francis Brown is for sentence for the following offences, two offences of possessing a prohibited firearm, for which the maximum penalty is 14 years imprisonment and to which a standard non‑parole period of four years applies, and a third offence being an offence of possessing a firearm not being authorised to do so, which relates to an air rifle. The maximum penalty for that offence being five years imprisonment. 2. In addition, he asks that when sentencing him for count 1, which is the offence of possessing a prohibited firearm, namely a shotgun not being authorised to do so, that I take into account a further offence set out on a Form 1 document which relates to three firearms, that being an offence of not keeping a firearm safely. 3. Of course, the maximum penalties and, where applicable, the standard non‑parole period are important guideposts in the sentencing exercise to which I have had regard. 4. The offender, it is agreed, pleaded guilty at the earliest opportunity and he therefore will be given a 25% discount on any sentence that otherwise would have been imposed. The facts are agreed and are as follows.