Atkinson v R [2014] NSWCCA 262

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Atkinson v R [2014] NSWCCA 262 Hearing dates: 29 May 2014 Decision date: 28 November 2014 Before: Simpson J at [1]; Adams J at [23]; McCallum J at [81] Decision: 1.Leave to appeal granted. 2.Appeal allowed. 3.The sentence imposed for the first offence, possession of the .22 calibre Ruger self-loading pistol, be quashed and a sentence of a term of imprisonment with a non-parole of 5 years and 3 months commencing on 24 September 2009 and expiring on 23 December 2014 and a balance of term of 2 years and 9 months expiring on 23 September 2017 be substituted. 4.The sentence imposed for the second offence, possession of the .45 automatic Colt pistol, be quashed and a sentence of a term of imprisonment with a non-parole of 4 years and 3 months commencing on 24 September 2010 and expiring on 23 December 2014 and a balance of term of 3 years and 9 months expiring on 23 September 2018 be substituted. 5.The earliest day on which the applicant will become entitled to be released on parole is 23 December 2014. Catchwords: CRIMINAL LAW - appeal - appeal from sentence - whether offences in worst category of case - offender's intended use of firearms - whether evidence supported finding as to intended use of firearms

CRIMINAL LAW - appeal - appeal from sentence - whether lawyer's delay provided appropriate basis for reducing discount

CRIMINAL LAW - appeal - appeal from sentence - parity - whether principles of parity in sentencing applicable