Regina v Bradley Lane [2007] NSWDC 337

New South Wales District Court

CITATION: Regina v Bradley Lane [2007] NSWDC 337

JUDGMENT DATE: 1 June 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Overall total term of 3 years and 6 months with an overall non-parole period of 1 year, 8 months and 28 days. ; To be released immediately to supervised parole.

CATCHWORDS: Criminal law - Sentence - Pleas of guilty - Armed with intent to commit an indictable offence (steal) - Aggravated possession of an unregistered firearm in a public place - Possessing loaded firearm in a public place - Form 1 offences taken into account - Planned and organised crime - Accomplice was initiator of plan - Accomplice informed police of plan - Listening device - Offender easily influenced and compliant - Chronic depression, insomnia and anxiety - Alcohol and cannibus use - Excellent behaviour in custody - Mentor to participants in Young Offender's programme - Protective custody - Accepts responsibility for his offending behaviour - Remorse and regret - General and specific deterrence - Discounted sentence for early guilty pleas and genuine remorse - Special circumstances - No previous convictions - First time in custody - Youth - Very good prospects of rehabilitation

LEGISLATION CITED: ss 93I(2), 93G(1), 114(1) Crimes Act 1900 ss 32 Crimes (Sentencing Procedure) Act 1999

PARTIES: Regina Bradley Lane

FILE NUMBER(S): 06/21/3058

COUNSEL: Mr Chicken for the offender

SOLICITORS: Ms Morkaya for the NSW DPP

1. Bradley Lane has been charged with three offences on an indictment. The first is being armed with intent to steal contrary to s 114(1A) of the Crimes Act 1900. That carries a maximum of seven years imprisonment. The second is possessing an unregistered firearm in a public place in circumstances of aggravation, the circumstances of aggravation being that the unregistered firearm was a pistol. That is an offence contrary to s 93I(2) of the Crimes Act and carries a maximum of fourteen years. The third is possessing a loaded firearm in a public place, which is an offence contrary to s 93G(1)(a)(i), which carries a maximum sentence of ten years imprisonment.