Parkes v R [2013] NSWCCA 167

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Parkes v R [2013] NSWCCA 167 Hearing dates: 5 July 2013 Decision date: 18 July 2013 Before: Emmett JA at [1] Price J at [3] Schmidt J at [19] Decision: 1. The appeal is upheld. 2. The sentence imposed by Syme DCJ for the sale of the prohibited firearm on 2 September 2010 (CAN H42510466/004) is quashed. In lieu thereof the appellant is sentenced for that offence to a term of imprisonment comprising of a non-parole period of 4 years 6 months commencing on 13 April 2012 and expiring on 12 October 2016 with a balance of term of 3 years commencing on 13 October 2016 and expiring on 12 October 2019. 3. All other sentences imposed by Syme DCJ are confirmed. Catchwords: CRIMINAL LAW - appeal on sentence - firearms offences - recklessly causing grievous bodily harm - Crown concession - effect not given to finding of special circumstances - re-sentence Legislation Cited: Crimes Act 1900 s 35(2) Crimes (Administration of Sentences) Regulation 2008 cl 228 Firearms Act 1996 s 7(1), s 51(1A)(a) Cases Cited: Stoeski v R [2008] NSWCCA 230 Category: Principal judgment Parties: Daniel Robert Parkes (Applicant) Crown (Respondent) Representation: Counsel: Solicitors: File Number(s): 2010/340079 2011/222917 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-12-16 00:00:00 Before: Syme DCJ File Number(s): 2010/340079 2011/222917