Regina v Cahill [2004] NSWCCA 451

New South Wales Court of Criminal Appeal

CITATION : Regina v Cahill [2004] NSWCCA 451 revised - 10/12/2004 HEARING DATE(S) : 29 November 2004 JUDGMENT DATE : 29 November 2004

JUDGMENT OF : Tobias JA at 1,44,46; Justice Hoeben at 45; Smart AJ at 2 DECISION : See para 43

CATCHWORDS : Firing a firearm in a manner likely to injure a person and possessing an unauthorised firearm - misapprehension as to effect of application of standard non-parole period - possessing unauthorised firearm offence not in worst category yet maximum penalty imposed - sentences manifestly excessive Crimes Act 1900 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Firearms Act 1996 CASES CITED : R v Way [2004] NSWCCA 131 at 68 R v Cicekdag [2004] NSWCCA 357 PARTIES : Regina v Samuel Hefner Cahill FILE NUMBER(S) : CCA 2004/2581 COUNSEL : (C) P Power SC (A) D Dalton SOLICITORS : (C) S Kavanagh (A) John B Hajje

LOWER COURT District Court JURISDICTION : LOWER COURT 04/41/0064 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

04/2581 TOBIAS JA HOEBEN J SMART AJ

Monday, 29 November 2004 Regina v Samuel Hefner CAHILL

JUDGMENT 1. TOBIAS JA: The Court is in a position to give judgment and I ask Smart AJ to give the first judgment.

2. SMART AJ: Samuel Hefner Cahill seeks leave to appeal against concurrent sentences of imprisonment each comprising a non-parole period of three years, commencing on 23 April 2004, with an additional term of two years, expiring on 22 April 2009, imposed on each of two charges, namely firing a firearm in a manner likely to injure a person contrary to section 93G(1(c) of the Crimes Act 1900 and possess an unauthorised firearm contrary to section 7(1) of the Firearms Act 1996. The maximum penalty for the former offence was ten years imprisonment, and the maximum penalty for the latter offence was five years imprisonment.