R v Gordon [2024] NSWDC 519

District Court New South Wales

Medium Neutral Citation: R v Gordon [2024] NSWDC 519 Hearing dates: 3 September 2024 Date of orders: 4 October 2024 Decision date: 04 October 2024 Jurisdiction: Criminal Before: Montgomery DCJ Decision: (1) The Offender is convicted. (2) No action be taken for the breaches of the Community Corrections Orders. (3) The Offender is sentenced to a term of imprisonment of 2 years and 6 months, comprising a non-parole period of 1 year and 6 months. (4) The sentence commences on 14 June 2023 and will expire on 13 December 2025. (5) The non-parole period expires on 13 December 2024. (6) The Offender will be eligible for consideration for release to parole on 13 December 2024. (7) I direct the Offender accept the supervision and guidance of Community Corrective Services and obey all reasonable directions of the service. (8) I make the following recommendations to Community Corrective Services: (a) The Offender regularly undertake review toward management of his Post-Traumatic Stress Disorder, anxiety, hypervigilance, Substance Abuse Disorder, unresolved conflicts and trauma issues, his emotional regulation capabilities and executive function impairments. (b) The Offender be assisted in completing his education and training for workplace engagement. (c) The Offender undergo residential drug rehabilitation for at least eight weeks. (d) The Offender attend Odyssey House, Narcotics Anonymous, and comply with any mental health plan provided by a medical practitioner and receive supervision to ensure compliance with his treatment plan. Catchwords: CRIME — Firearms offences — Use/Possess prohibited pistol/firearm — Possess shortened firearms (other than a pistol) — Not part of a planned or organised criminal activity SENTENCING — Aggravating factors — Breach of conditional liberty — Antecedent record SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Subjective considerations on sentence — Deprived background SENTENCING — Special circumstances — Rehabilitation — Guarded prospects — Hardship in incarceration —Victim of assault whilst incarcerated SENTENCING — Subjective considerations on sentence — Mental illness — Post-Traumatic Stress Disorder, depression, anxiety, hypervigilance, Substance Abuse Disorder Legislation Cited: Crimes Act 1900 (NSW), s 93G(1)(c) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(5AA), 44, 47(2)(a), 53A Firearms Act 1996 (NSW), s 62(1)(b) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Crane v R [2024] NSWCCA 112 El Jamal v The Queen [2017] NSWCCA 243 R v Brown [2006] NSWCCA 249 R v Lizano [2021] NSWDC 54 R v Najem [2008] NSWCCA 32 R v Struik [2023] NSWSC 1548 R v Tanti [2021] NSWDC 381 Category: Sentence Parties: Rex (Crown) Kane Gordon (Offender) Representation: Counsel: Ms Abby van der Velde (Solicitor Advocate for Crown) Ms Rylie Hahn-Hamilton (Solicitor for Offender)