NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Green [2022] NSWDC 749 Hearing dates: 17 June 2022 Decision date: 08 July 2022 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found – age, mental health issues, drug abuse & poor prospects of rehabilitation and to provide for a more significant period of supervised parole within the community. Indicative sentences: 2021/00039156 SEQ 6 - 3 years - NPP 1 year, 6 months + Form 1 Matters 2021/00039156 Seq 7 + 9 2021/100940 SEQ 1 – 3 years – NPP: 1 year, 6 months + Form 1 matters 2021/100940 SEQ 2 + 3 + 4 2021/100940 SEQ 12 – 2 years, 3 months 2021/00039156 SEQ 1 – 1 year, 6 months + Form 1 matters 2021/00039156 SEQ 2 + 3 Aggregate sentence: Sentenced to a term of imprisonment of 5 years comprising a NPP of 2 years and 6 months commencing on 11 February 2021 and expiring on 10 August 2023, upon which date the offender will become eligible for parole, and a balance of term of 2 years and 6 months to commence on 11 August 2023 and to expire on 10 February 2026. Catchwords: CRIMINAL – sentence - possess unauthorised pistol - not keep firearms safely, pistol - possess more than three unregistered firearms, including pistol or prohibited firearm - possess ammunition without holding licence, permit or authority - supply prohibited drugs on an ongoing basis – Form 1 matters in addition to each offence , s166 matter – seriousness of offences - committed whilst on 4 Community Correction Orders – specific & general deterrence – role of offender – subjective matters Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985. Firearms Act 1996 Cases Cited: Attorney General's Application No 1 of 2002 [2002] NSWCCA 518 BP v R [2010] NSWCCA 159 Bugmy v R (2013) 249 CLR 571 Bullock v R [2016] NSWCCA 131 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCA 194 R v Way (2004) 60 NSWLR 168 Category: Sentence Parties: Regina Green, Alex Representation: Counsel: Def: Mr B Barrack
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