R v Dunn [2003] NSWCCA 169

New South Wales Court of Criminal Appeal

CITATION : R v Dunn [2003] NSWCCA 169 HEARING DATE(S) : 24/06/03 JUDGMENT DATE : 13 August 2003

JUDGMENT OF : Meagher ACJ at 1; Dowd J at 24; Barr J at 25 DECISION : 1. In respect of the May 2000 offences, the sentence imposed by the learned trial judge should be set aside and replaced by an order of imprisonment for a term of 5 years, commencing on 21 July 2001 and expiring on 20 July 2006; 2. The learned trial judge's sentences on the September 2001 firearms charges should be set aside and there should be substituted the following:- (a) On the s 51(1A) offence, 7 years imprisonment commencing on 21 July 2004 and expiring on 20 July 2011, with a non-parole period of 3 years 9 months commencing on 21 July 2004 and expiring on 20 April 2008, on which date he will be eligible for release on parole; (b) On the s 51(1) offence, 2 years 3 months imprisonment commencing on 21 July 2004 and expiring on 20 October 2006. There will be non non-parole period because of the previous sentence.

CATCHWORDS : CRIMINAL LAW - Crown Appeals - Inadequate sentences - Mitigation of sentence - Principles applicable when offender of average intelligence. Crimes Act 1900 LEGISLATION CITED : Firearms Act 1996 Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999 R v Scognamiglio (1991) 56 A Crim R 81 CASES CITED : R v Letteri (NSWCCA 18/03/92, unreported) R v Murchie [1999] NSWCCA 424 Regina PARTIES : v Jack James Dunn FILE NUMBER(S) : CCA 60480 of 2002 COUNSEL : Crown: GIO Rowling Respondent: C Craigie SC SOLICITORS : Crown: SE O'Connor Respondent: Horowitz & Bilinsky