R v Farrell [2024] NSWDC 559

District Court New South Wales

Medium Neutral Citation: R v Farrell [2024] NSWDC 559 Hearing dates: 19/9/24, 20/9/24 Date of orders: 20/9/24 Decision date: 20 September 2024 Jurisdiction: Criminal Before: Bourke SCJ Decision: Convicted and sentenced to a term of imprisonment of 5 years 10 months with a NPP of 3 years 10 months (25/9/23-24/7/27). I find special circumstances. Form 1 taken into account. Catchwords: Crime – Sentence - Fire firearm at dwelling house with disregard for safety Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Barlow v R [2008] NSWCCA 96 Dixon v R [2020] NSWCCA 123 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Powell v R [2014] NSWCCA 69 Quealey v R [2010] NSWCCA 116 R v Mitchell [2007] NSWCCA 296 R v Swan [2006] NSWCCA 47 Zabakly v R [2021] NSWCCA 155 Category: Sentence Parties: NSW DPP – Crown Aaron Farrell - Offender Representation: Mr H Cavanagh for Crown Mr M Hawila for Offender File Number(s): 23/239019 Publication restriction: The names of any victims or alleged victims have been anonymised

remarks on sentence 1. Mr Aaron Farrell is for sentence today in relation to an offence of discharging a firearm with reckless disregard for safety, that being an offence under s 93GA(1) of the Crimes Act 1900. That is an offence which carries a maximum penalty of 14 years imprisonment and which has a standard non-parole period specified, namely one of five years. The maximum penalty and the standard non-parole period are of course important guide posts in the sentencing exercise and I have had regard to them in that sense. 2. The offender pleaded guilty to the offence and is therefore entitled to a 25% discount by reason of that plea and its utilitarian value. In sentencing him for the offence he also asks that I take into account on a Form 1 document a further offence to which he admits that being an offence under s 154A subs (1) (b) of the Crimes Act of knowingly drive a stolen in conveyance.