R v Clissold [2014] NSWDC 271

District Court New South Wales

Medium Neutral Citation: R v Clissold [2014] NSWDC 271 Hearing dates: 29 July 2014 Decision date: 30 July 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: (1) The offender is convicted of all offences. (2) An aggregate sentence of 3 years and 4 months is imposed under s 53A Crimes (Sentencing Procedure) Act 1999 an aggregate sentence of 3 years and 4 months is imposed. This is to commence on 5 June 2013 and to expire on 4 October 2016. One non-parole period of 1 year and 8 months for all the offences to which the sentence relates is fixed and is to date from 5June 2014 and to expire on 4 February 2015. (3) Two counts of disposing of stolen property and one count of possessing ammunition are taken into account pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. Catchwords: CRIMINAL LAW - particular offences - larceny - receiving and disposing of stolen property - stolen caravan - stolen firearms - sentence - negligible criminal record - plea of guilty at earliest opportunity - discount of 25% - special circumstances for adjusting ratio between head sentence and non-parole period – generous adjustment - youth of offender - first time in custody - positive pre-sentence report - suitable for supervision upon release on parole - misdemeanour in custody - aggregate sentence imposed - limited application of the principle of parity Legislation Cited: Crimes Act 1900 (NSW), ss 117, 188(1) Crimes (Sentencing Procedure) Act 1999, ss 10, 32, 44(2)(a), 53A Firearms Act 1996 (NSW), s 7A(1) Category: Sentence Parties: Regina (Crown) Raymond Ian Clissold (offender) Representation: Counsel: S Healy (offender) Solicitors: A Kiru (Director of Public Prosecutions) File Number(s): 2013/00173294