NSW Caselaw
New South Wales District Court
CITATION: R v Robert Richard CUTLER [2010] NSWDC 236
JUDGMENT DATE: 13 August 2010
JURISDICTION: District Court of New South Wales
JUDGMENT OF: Cogswell SC DCJ
DECISION: For the first offence - fixed term of 12 months. For the second offence - non parole period of 12 months, balance of term of 6 months. For the third offence - fixed term of 9 months. For the fourth offence - non parole period of 9 months, balance of term of 3 years. For the fifth offence - non parole period of 12 months, balance of term of 2 years. For the sixth offence - non parole period of 12 months, balance of term 18 months. For the seventh offence - non parole period of 1 year, balance of term of 2 years. Effective overall sentence- 5 years.
CATCHWORDS: CRIMINAL LAW - sentence - possess firearm without being authorised - possess prohibited firearm without being authorised by licence or permit - possess prohibited weapon - form 1 offences - licensed firearms dealer - held personal firearms licence - firearms, knives, silencers, cross-bows found in multiple locations at offender's house - offender suffers from obsessive compulsive personaility disorder manifested as a hoarding disorder - history of depression with suicidal ideation - highly regarded in community - no criminal record - very good character - unlikely to reoffend - genuine remorse - prospects of rehabilitation very good - plea of guilty at earliest opportunity - no alternative but full-time imprisonment
Crimes (Sentencing Procedure) Act 1999 s 10, s 12, s 21A, s 32 LEGISLATION CITED: Firearms Act 1996 s 7A(1), s 7(1) Weapons Prohibition Act 1998 s 7(1)
R v Basedow [2010] NSWCCA 76 CASES CITED: R v Cramp [2008] NSWCCA 40 R v Cromarty (2004) 144 A Crim R 515
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