REGINA V SHANNON [2002] NSWCCA 115

New South Wales Court of Criminal Appeal

CITATION : REGINA V SHANNON [2002] NSWCCA 115 FILE NUMBER(S) : CCA 60661 of 2001 HEARING DATE(S) : 25/3/2002 JUDGMENT DATE : 25 March 2002

PARTIES : REGINA DAVID AUSTIN SHANNON JUDGMENT OF : Levine J at 1; Carruthers AJ at 20

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/61/0107 LOWER COURT JUDICIAL Coleman DCJ QC OFFICER :

COUNSEL : Applicant - PJD Hamill Crown - PE Barrett SOLICITORS : Applicant - Nyman Gibson & Co Crown - SE O'Connor CATCHWORDS : Sentence - Crimes Act,1900 s33B and Firearms Act, 1996 s7 - partially cumulative sentences - proper allowance for special circumstances Crimes Act 1900 s33B LEGISLATION CITED : Firearms Act 1996 s7 Prisoners (Interstate Transfer) Act 1982 CASES CITED: R v Salt (CCA 26 August 1984) R v Reid [2001] NSWCCA 364 DECISION : That leave to appeal be granted; That the appeal be dismissed

- 6 - DLJ: 1 (Ex Tempore – Revised)

IN THE COURT OF CRIMINAL APPEAL 60661 of 2001

LEVINE J CARRUTHERS AJ

25 MARCH 2002 REGINA v SHANNON David Judgment 1 LEVINE J: David Austin Shannon seeks leave to appeal against the asserted severity of sentences imposed upon him by his Honour Judge Coleman QC in the District Court on 13 September last year.

2 The sentences were imposed at the end of what was rightly characterised as a complex history in terms of the indicting of the applicant for the relevant offences, arising from the factual matters described in some considerable detail by the learned sentencing judge in his remarks on sentence set out below.