R v Glaister [2004] NSWCCA 244

New South Wales Court of Criminal Appeal

CITATION : R v Glaister [2004] NSWCCA 244 HEARING DATE(S) : 9 July 2004 JUDGMENT DATE : 22 July 2004

JUDGMENT OF : Sheller JA at 1; Sperling J at 2; Adams J at 57 DECISION : Appeal dismissed.

CATCHWORDS : Criminal law - Crown appeal against sentence - no question of principle LEGISLATION CITED : Firearms Act 1996, s7, s51, s66 Weapons Prohibition Act 1998, s7 PARTIES : Regina John Harwood Glaister FILE NUMBER(S) : CCA 60205/04 COUNSEL : Ms J Girdham for the Crown Mr R Hulme SC for the Respondent SOLICITORS : Director of Public Prosecutions Legal Aid Commission for the Respondent

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0609 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 60205/04

Sheller JA Sperling J Adams J

Thursday, 22 July 2004 Regina v John Harwood Glaister Judgment 1 Sheller JA: I agree with Sperling J. 2 Sperling J: This is a Crown appeal against sentence. 3 The respondent was sentenced by Goldring DCJ on 16 April 2004. He had pleaded guilty to three offences committed on 7 March 2002, namely:

Count 1: sold a firearm namely a Smith and Wesson .38 calibre revolver to an undercover police operative using the assumed name of Danny and the said Danny was not authorised to possess the firearm by a licence or permit, contrary to section 51(1) of the Firearms Act 1996. The maximum prescribed penalty is imprisonment for 5 years.