Regina v Cromarty [2004] NSWCCA 54

Reported Decision : 144 A Crim R 515

New South Wales Court of Criminal Appeal

CITATION : Regina v Cromarty [2004] NSWCCA 54 HEARING DATE(S) : 05/03/04 JUDGMENT DATE : 22 March 2004

JUDGMENT OF : Simpson J at 1; Kirby J at 2; Bell J at 93 DECISION : (1) That the appeal be allowed; (2) That the sentence imposed by Coolahan DCJ on 24 September 2003 be quashed; (3) That, in lieu thereof, the respondent be sentenced as follows: Count 1: Taking account of the matters on the Form 1 to a term of imprisonment of 4 years commencing on 4 October 2003 and expiring on 3 October 2007, with a non parole period of 2 years expiring on 3 October 2005. Count 2: Imprisonment for a fixed term of 2 years commencing on 4 October 2003 and expiring on 3 October 2005. Count 3: Imprisonment for a fixed term of 18 months commencing on 4 October 2003 and expiring on 3 April 2005. Counts 4 and 5: On each count, to imprisonment for a fixed term of 16 months commencing on 4 October 2003 and expiring on 3 February 2005; (4) The order that all firearms be seized and forfeited to the Crown is confirmed.

CATCHWORDS : Criminal Practice & Procedure - Crown appeal against sentence - Firearms Act - possession of large number of prohibited and unregistered weapons - collector - security risk - importance of maximum penalty - deterrence and denunciation - unsuitability of periodic detention Firearms Act 1996 LEGISLATION CITED : Weaons Prohibition Act 1998 Firearm Amendment (Public Safety) Act Crimes (Sentencing Procedure) Act, 1999 R v Zamagias [2002] NSWCCA 17 R v Shankley [2003] NSWCCA 253 Ibbs v The Queen (1987) 163 CLR 447 CASES CITED : R v Allpass (1994) 72 A Crim R 561 R Whyte (2002) 55 NSWLR 252 R v Dodd (1991) 57 A Crim R 349 R v Penisini [2003] NSWSC 892 Dinsdale v The Queen (2000) 202 CLR 321 PARTIES : Regina Ian Ross Cromarty FILE NUMBER(S) : CCA 60438/03 COUNSEL : Ms E Wilkins (Crown/Appl) P Byrne SC/G Sunstrom (Resp) SOLICITORS : S Kavanagh (Crown/Appl) T Morgan (Resp)