R v Farrell [2015] NSWCCA 68

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Farrell [2015] NSWCCA 68 Hearing dates: 18 March 2015 Date of orders: 21 April 2015 Decision date: 21 April 2015 Before: Simpson J at [1] Rothman J at [2] Bellew J at [14] Decision: The Crown appeal is dismissed Catchwords: CRIMINAL LAW – Appeal – Crown appeal against inadequacy of sentence imposed for the possession of an unauthorised pistol – Where sentencing judge found that the respondent had come into possession of the firearm essentially by chance and not as a consequence of deliberately sourcing it – No evidence that the respondent possessed the firearm for any intended criminal purpose – No evidence that he was intending to use it – No evidence that he was proposing to sell it – Where sentencing judge found no evidence to support the conclusion that the offending was objectively serious or grave – Where sentencing judge found the offending fell below the mid-range of objective seriousness - Where respondent was sentenced to 2 years imprisonment to be served by way of Intensive Correction Order – Where respondent had already spent 9½ months in custody solely in respect of the same charge – Sentence not manifestly inadequate – Crown appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Carroll v The Queen [2009] HCA 13; (2009) 83 ALJR 579 CMB v Attorney-General (NSW) [2015] HCA 9; (2015) 317 ALR 308 Cranssen v The Queen [1936] HCA 42; (1936) 55 CLR 509 Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Everett v R [1994] HCA 49; (1994) 181 CLR 295 Green v R; Quinn v R [2011] HCA 49; (2011) 244 CLR 462 Griffiths v R [1977] HCA 44; (1977) 137 CLR 293 House v the King [1936] HCA 40; (1936) 55 CLR 499 R v Farrell [2014] NSWCCA 30 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 R v MD and ors [2005] NSWCCA 342; (2005) 156 A Crim R 372. R v Thalari [2009] NSWCCA 170; (2009) 75 NSWLR 307 Category: Principal judgment Parties: Regina – Appellant Representation: Counsel: Mr K McKay – Appellant Mr G James QC and Mr E James - Respondent