CRAMP, John Robert v R [2008] NSWCCA 40

New South Wales Court of Criminal Appeal

CITATION: CRAMP, John Robert v R [2008] NSWCCA 40

HEARING DATE(S): 14 December 2007

JUDGMENT DATE: 4 March 2008

JUDGMENT OF: Grove J at 1; Hulme J at 3; Simpson J at 9

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: CRIMINAL LAW – appeal against sentence – unauthorised use of prohibited pistol – possession of an unregistered firearm – applicant convicted and s 9 good behaviour bond imposed – whether conviction carries extra-curial punishment – whether s 10 bond should be substituted for s 9 bond and conviction set aside – conviction disentitles renewal of licence but does not necessarily entail automatic revocation of licence – substitution of s 10 would result in the circumvention of the discretion conferred upon the statutory officer holder – appeal dismissed

Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 LEGISLATION CITED: Firearms (General) Amendment (Security Industry) Regulation 2003 Firearms (General) Regulation 1997 Firearms Act 1996

CATEGORY: Principal judgment

CASES CITED : Daetz and Wilson (2003) 139 A Crim R 216

PARTIES: John Robert Cramp (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2006/5232

COUNSEL: P Hastings QC (Applicant) P Miller (Respondent)

SOLICITORS: Woodgate Morgan (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/21/1144

LOWER COURT JUDICIAL OFFICER: Williams DCJ

LOWER COURT DATE OF DECISION: 3 November 2006

IN THE COURT OF CRIMINAL APPEAL CCA 2006/5232