R v Wall [2024] NSWDC 642

District Court New South Wales

Medium Neutral Citation: R v Wall [2024] NSWDC 642 Hearing dates: 17 and 29 October 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 In relation to the severity appeal, the orders I make are: (1) The appeal is allowed. (2) I set aside the penalty imposed by the magistrate. (3) In lieu thereof, the penalty for the severity appeal offences is included in the aggregate sentence imposed at [4] below. Penalty 2 Jamie Wall is convicted. 3 Taking into account the matter on the Form 1, the sentence for the offence of detain for advantage I would have imposed after allowing for the appropriate discount is 3 years. 4 I impose an aggregate sentence for the severity appeal offences and the sentence matter of 3 years and 6 months with a non-parole period of 1 year and 9 months to date from 8 April 2023. 5 The non-parole period will expire on 7 January 2025 and the head sentence will expire on 7 October 2026. 6 The offender will be eligible to be released on parole on 7 January 2025. Catchwords: CRIME — Violent offences — Detain for psychological advantage CRIME — Firearms offences — Use/Possess prohibited pistol/firearm CRIME — Apprehended violence orders — Contravene apprehended violence order Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 Charara v R [2006] NSWCCA 244 Fox v Percy (2003) 214 CLR 118 Hili v The Queen (2010) 242 CLR 520 Muldrock v R (2011) 244 CLR 120 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown/Respondent) Jamie Wall (Offender/Appellant) Representation: Counsel: S Climo (Offender/Appellant)