R v Hamstra, Andrew [2009] NSWDC 388

New South Wales District Court

CITATION: R v Hamstra, Andrew [2009] NSWDC 388

JUDGMENT DATE: 8 September 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Convicted. Pursuant to Section 11 of the Crimes (Sentencing Procedure) Act 1999, for the purpose of assessing the offender's capacity and prospects for rehabilitation and assessing that rehabilitation has taken place conditional bail granted for 12 months. Review dates to assess rehabilitation progress set. DECISION: 15.Failure to comply with conditions of the bail will be deemed a breach of bail 16.I require that I be notified within 48 hrs of any breach 17.Attend Court at all times required by the Court. Dates include the 11/12/09 at Sydney District Court via AVL (Broken Hill), 26/03/10 at a court to be allocated, 11/06/10 at a court to be allocated and 10/09/09 at a court to be allocated.

CATCHWORDS: Criminal law - sentencing - firearm offences - multiple unregistered and two prohibited firearms - threats to use during breakdown of domestic relations - depression arising from employment loss in remote rural setting - focus on rehabilitation - bail granted for that purpose

PARTIES: Regina Andrew Hamstra

FILE NUMBER(S): 2009/9799

COUNSEL: Crown: C Simpson Defence: S Corish

JUDGMENT 1. In these sittings Andrew William Hamstra was committed for sentence on a charge that he possessed three unregistered firearms, namely four firearms that were not registered, of which two were prohibited firearms, in circumstances where he was not a person authorised by licence or permit to possess those firearms.

2. He was also before the Local Court on a charge of domestic violence towards his wife, and a number of other charges.