R v Gill [2022] NSWDC 722

District Court New South Wales

Medium Neutral Citation: R v Gill [2022] NSWDC 722 Hearing dates: 2 August 2022, 4 October 2022 Date of orders: 4 October 2022 Decision date: 04 October 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 5 years with a non-parole period of 3 years. Catchwords: CRIME – Fire firearm at dwelling-house with disregard for safety - Possess unauthorised prohibited firearm - Possess unauthorised pistol - Not keep firearm safely SENTENCING - Relevant factors on sentence – guilty plea - multiple firearms offences - bullet fired into home from moving vehicle - nature of grievance with resident unknown - offender's explanation and claim of provocation and duress not accepted - threat to family – immature offender- ill health – assaulted in custody- disadvantaged upbringing - special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1987 Firearms Act1996. Cases Cited: R v Andrew (no 2) [2018] NSWDC 382 R v Crawley [2021] NSWCCA 354 Category: Sentence Parties: Braiden Gill (the offender) Director of Public Prosecutions Representation: Solicitors: Mr P Schmidt, Kells the Lawyers (for the offender) Ms A Kerr (for Director of Public Prosecutions) File Number(s): 2021/00226153

SENTENCE – EX TEMPORE REVISED

Introduction 1. On 6 August 2021, at about 11pm, a shot was fired into the bedroom of a home in Oak Flats, south of Wollongong. The residents did not inform police until the following day. On 8 August 2021, after a short investigation, assisted by CCTV footage, police arrested Braiden Gill. He has been in custody ever since. 2. When he was before the Local Court Gill indicated that he would plead guilty to three serious offences: 1. Fire firearm at a dwelling house with disregard for the safety of the occupants: s 93GA(1) Crimes Act 1900. That offence carries a maximum penalty of 14 years' imprisonment, and for an offence, taking into account only objective factors, that is in the middle of the range, there is a standard non-parole period of five years. 2. Possess an unauthorised prohibited firearm: s 7(1) Firearms Act 1996. Maximum penalty 14 years - standard non-parole period four years; and, 3. Possess an unauthorised pistol: s 7(1) Firearms Act. Maximum penalty 14 years' imprisonment -standard non-parole period four years. 1. For Count 1 there are, four matters to be dealt with on a Crimes (Sentencing Procedure) Act 1999 Form 1. They relate to possession of the prohibited weapon (a detachable 20-round magazine), possession of ammunition, possession of a prohibited drug (cannabis seeds), and cultivate a prohibited plant. It is appropriate that I deal with those matters when I sentence him for the fire firearm matter. 2. There was also as sequence 3 on a Criminal Procedure Act 1987 s 166 certificate offence of not keep firearm safe 3. On 2 August 2022 I received material on sentence. I heard from Gill and his former de facto. The proceedings were adjourned to today to enable additional material to be obtained. The defence hoped to corroborate some of the material that had been led in evidence. 4. Today I received from the Crown; a highlighted copy of Gill's interview with police when he was arrested on 8 August 2021, a Justice Health report which was helpfully tagged by Mr Schmidt, solicitor for Mr Gill. Also received a handwritten letter from Mr Gill which, in effect, reiterated matters going to remorse which he gave in evidence on the prior occasion. 5. As the guilty pleas were entered in the Local Court I must and will reduce each sentence, which will be indicated sentences as part of an aggregate sentence, by 25% to reflect the utilitarian value of the guilty pleas.