R v Shinner [2024] NSWDC 62

District Court New South Wales

Medium Neutral Citation: R v Shinner [2024] NSWDC 62 Hearing dates: 08 March 2024 Date of orders: 08 March 2024 Decision date: 08 March 2024 Jurisdiction: Criminal Before: Anderson SC DCJ Decision: (1) With respect to the firearms offence under s 7(1) of the Firearms Act, I impose an indicative sentence of 3 years, with a non-parole period of 2 years. (2) With respect to the s 33B(1)(a) of the Crimes Act, offence of using a weapon with the intent to commit a serious indictable offence, namely intimidation, the indicative sentence is 2 years. (3) I impose an aggregate sentence of three and a half years. Taking into account my finding of special circumstances, the non-parole period will be 60 per cent of this, meaning the non-parole period will be two years and one month. Catchwords: CRIMINAL – sentencing Legislation Cited: Firearms Act 1996 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Nil Texts Cited: Nil Category: Sentence Parties: Office of the Director of Public Prosecutions (Crown) David Brian Shinner (Offender) Representation: Counsel: Mr D Henschell (Crown) Ms L Barnes (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Olympus Law File Number(s): 2022/325744 Publication restriction: Nil

JUDGMENT 1. The reason the offender Mr Shinner is before the court today is because on 30 October 2022, he ordered a dish of sweet and sour pork from the Yam's Chinese takeaway in Branxton. The food he received was not to the quality he had expected. Mr Shinner took the food back to his caravan, collected a shortened firearm that he had stored in a drawer and returned to the Yam's shop. He threatened Mr Yam with the weapon and demanded to receive a "proper meal" of sweet and sour pork. 2. As a result of that action, he is now before the court.