NSW Caselaw
New South Wales District Court
CITATION: R v Ranny Shaitly [2007] NSWDC 135
3/4/07 HEARING DATE(S): 19/4/07 20/4/07
JUDGMENT DATE: 20 April 2007
EX TEMPORE JUDGMENT DATE : 18 October 2007
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Convicted: Selling pistol to person unauthorised to posses it. (principal offence); Sentenced: 2years non parole to date from 26 October 2006 to expire 25 October 2008. Balance of term expires 25 October 2010. (principal sentence)
CATCHWORDS: Criminal Law - Sentencing - Firearm Offence - selling prohibited weapon to person not authorised to possess it - sale to undercover police operative - Form 1 matters - sale reckless as to future use of pistol - objects of Firearms Act 1996 - offence against public safety - impact of standard non-parole period on sentence - reason offence below mid-range of seriousness - subjective features disadvantaged upbringing.
LEGISLATION CITED: Firearms Act 1996 Crime (Sentencing Procedure) Act of 1999
R v Gladue [1999] 1SCR 688 R v Cuthbert (1967) 86 N (NSW) Pt 1 272 R v Rushby [1977] 1 NSWLR 594 CASES CITED: R v Hayes [1984] 1 NSWLR 740 R v Way (2004) 60 NSWLR 168 R v Thompson & Houlton (2000) 49 NSWLR 383 The Attorney General's Application under s37 Crimes (Sentencing Procedure) Act 1999 (2004) NSWLR 305
PARTIES: Regina Ranny Shaitly
FILE NUMBER(S): 07/21/0031
COUNSEL: Accused: Mr J. Viney - Lachlan Macquarie Chambers
SOLICITORS: Mr Ball - Office of Director of Public Prosecutions - Parramatta
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