R v Matthew Paul PEISLEY [2010] NSWDC 240

New South Wales District Court

CITATION: R v Matthew Paul PEISLEY [2010] NSWDC 240

HEARING DATE(S): 24 September 2010, 8 October 2010

JUDGMENT DATE: 8 October 2010

JURISDICTION: Criminal

JUDGMENT OF: Haesler DCJ SC

Count 2 - Proceeds of crime offence and Form 1. NPP 2 years 3 months with a balance of sentence of 1 year and 6 months. DECISION: Count 1 - Firearms Act offence. NPP 3 years and 9 months with a balance of sentence of 2 years 3 months. The total effective sentence is 7 years with a NPP of 4 years 9 months.

CATCHWORDS: CRIMINAL - Firearms offences - Proceeds of crime - Operation Schoale

Firearms Act 1996 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Cromarty (2004) 144 A Crim R 515 CASES CITED: Mack v R [2009] NSWCCA 216 Basedow v R [2010] NSWCCA 76 R v Mahmud [2010] NSWCCA 219

PARTIES: Regina Matthew Paul Peisley

FILE NUMBER(S): 2008/00258322

COUNSEL: Mr W Hunt (Offender)

SOLICITORS: Ms F Gray (Director of Public Prosecutions) Mr W O'Brien (Offender)

SENTENCE

Introduction

1. On Wednesday 28 February 2007 police attended the home of Matthew Paul Peisley, the offender, in Tarrawanna, a suburb of Wollongong. They had with them a valid search warrant. Over the next few hours police searched the premises and found a significant number of firearms, including three prohibited firearms, being a 12 gauge Remington self-loading shotgun, a 9 mm Parabellum Steyr self-loading pistol and a .22 Stirling model self-loading rifle with silencer attached. Also found was a prohibited pistol, being a .44 Magnum Desert Eagle self-loading pistol with distinctive gold plating.