R v Payne [2014] NSWDC 264

District Court New South Wales

Medium Neutral Citation: R v Payne [2014] NSWDC 264 Decision date: 06 November 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offence of unlawfully selling three or more firearms within a period of 12 months, a sentence of 4 years in full time custody. Non-parole period of 2 years. Catchwords: CRIMINAL LAW – sentence – particular offence – unlawfully selling three or more firearms within a period of 12 months – acting as an agent for supplier - undercover operative – nature and circumstances of offender – motivated by financial gain - desire to be accepted by supplier - functionally illiterate – substance use disorder – post-traumatic stress disorder – acquired head injury - supportive family – prior criminal record – institutional misconduct - report of forensic psychiatrist – proposed treatment plan – opined good prospects of being successfully rehabilitated – plea of guilty at earliest opportunity – 25% discount – relevance of standard non-parole period - special circumstances for adjusting ratio between head sentence and non-parole period – first time in adult custody – need for structured supervision for rehabilitation on release – limited opportunities for employment in prison – significant reduction - emphasis placed on specific deterrence for this offender Legislation Cited: Firearms Act 1996, s 51B(1) Cases Cited: R v Howard [2004] NSWCCA 348 R v Mack [2009] NSWCCA 216 R v Parkinson [2010] NSWCCA 89 Category: Sentence Parties: Regina (Crown) Jack Mervyn James Payne (offender) Representation: Counsel: B Bickford (offender)