R v Lott [2004] NSWSC 373

New South Wales Supreme Court

CITATION : R v Lott [2004] NSWSC 373 HEARING DATE(S) : 30/04/2004 JUDGMENT DATE : 30 April 2004

JUDGMENT OF : Howie J at 1 DECISION : In respect of the second count in the indictment (possession of firearm) the offender is sentenced to imprisonment for 15 months. The sentence is suspended under s 12 of the Crimes (Sentencing Procedure) Act on condition that the offender enter into a bond to be of good behaviour for the period of the suspended sentence. In respect of the third count in the indictment (possession of ammunition), the offender is fined a sum of $1,500 which is to be paid within 28 days from today. In respect of the fourth count in the indictment (possession of handcuffs) the charge is dismissed under s 10 of the Act. In respect of the fifth count in the indictment (possession of silencer) and taking into account the offence on the form 1 the offender is to enter into a good behaviour bond for a period of 12 months. The firearms, weapons and ammunition are to be forfeited to the Crown for destruction.

CATCHWORDS : Criminal Law - sentence after pleading guilty before the jury - no question of principle. LEGISLATION CITED : Criminal Procedure Act 1986 - Table 2 of the Schedule Crimes (Sentencing Procedure) Act 1999 - ss 10, 12 R v Cromarty [2004] NSWCA 54 CASES CITED : R v Shankley [2003] NSWCCA 253 R v Zamagias [2002] NSWCCA 17 PARTIES : Regina v Warwick John Lott FILE NUMBER(S) : SC 70205/03 COUNSEL : R. Herps - Crown P. Marr - Accused SOLICITORS : S. Kavanagh - Crown Armstrongs Solicitors - Accused

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION