R v RYAN [2024] NSWDC 476

District Court New South Wales

Medium Neutral Citation: R v RYAN [2024] NSWDC 476 Hearing dates: 10 October 2024 Decision date: 14 October 2024 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: Aggregate sentence imposed. Indicative sentences: Discharge firearm with intent to resist arrest: 6 years, non-parole period of 3 years; Possess prohibited firearm (taking into account Form 1 offences): 3 years and 2 months, non-parole period of 19 months. Sentence imposed is 6 ½ years imprisonment, with a non-parole period of 3 years and 3 months to date from 2 November 2022. Eligible for release to parole 1 February 2026. Catchwords: SENTENCING – firearms offences - Discharge Firearm with intent to resist arrest – possess prohibited firearm - sovereign citizen - imprisonment Legislation Cited: s33A(2)(a) Crimes Act 1900 (NSW) s7(1) Firearms Act 1996 s7A(1) Firearms Act 1996 Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194 Category: Sentence Parties: Rex; Peter Ryan Representation: Counsel: Crown: H Bates Defence: D Pace

Solicitors: Crown: A Gunawardhana Defence: M Huseyin File Number(s): 2022/328823

JUDGMENT 1. The offender, Peter James Ryan, entered pleas of guilty at Coonamble Local Court on 19 March 2024 to two offences: the offence of Discharge Firearm with intent to resist arrest (sequence 4) pursuant to s33A(2)(a) Crimes Act 1900; and Possess Prohibited Firearm (.22 calibre self-loading rifle) (sequence 7) pursuant to s7(1) Firearms Act 1996. The maximum penalty for each of these offences is 25 years and 14 years imprisonment, with standard non-parole periods of 9 years and 4 years respectively. 2. When sentencing on sequence 7, the offender also asks that a further two offences be taken into account on a Form 1; being two offences of Possess unauthorised firearm pursuant to s7A(1) Firearms Act 1996. If for sentence, the maximum penalty would have been 5 years imprisonment.