R v Jamie Victor Oatley [2015] NSWDC 300

District Court New South Wales

Medium Neutral Citation: R v Jamie Victor Oatley [2015] NSWDC 300 Hearing dates: 04/12/15 Decision date: 16 December 2015 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence imposed. For orders see [41] Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: El Masri v R [2014] NSWCCA 13 Pearce v R (1998) 194 CLR 610 R v Kitchener [2003] NSWCCA 134 Veen v R No. 2 (1998) 164 CLR 465 Wootton v R [2014] NSWCCA 86 Category: Sentence Parties: Director of Public Prosecutions (Crown) Jamie Oatley (Offender) Representation: Counsel: A Tillers (Crown) Mr Gibbons (Offender) File Number(s): 15/203701 Publication restriction: Nil

remarks on sentence 1. The offender has pleaded guilty to an offence of possess unauthorised prohibited firearm pursuant to s 7(1) of the Firearms Act 1996. The offence carries a maximum penalty of 14 years imprisonment and a standard non‑parole period of 3 years imprisonment. 2. The offender has asked that two additional charges be taken into account on a Form 1. They are: 1. Possess prohibited drug, (being less than 2 grams of methylamphetamine); and 2. Possess ammunition without authority (59 live .22 calibre rounds).

Circumstances of the offending 1. The offence occurred on 12 July 2015. At that time, the offender was on parole for an offence of "use offensive weapon in company with intent to commit indictable offence", and an offence of "possess unauthorised prohibited firearm". For the first of those offences, he had been sentenced to a total term of imprisonment of 5 years and a non-parole period of 3 years and 4 months commencing on 28 January 2012. For the second offence, he had been sentenced to a total term of 51 months with a non-parole period of 33 months commencing on the same date. He was released on parole on 7 May 2015, just over two months prior to the date of this offence. As a result of this offence, his parole was revoked and he is serving the balance of sentence from 12 July 2015 until 27 January 2017. 2. The sentence hearing took place on 4 December 2015. At that time, he had been in custody for a period of 20 weeks and 5 days. 3. The Crown Bundle (exhibit A) included a statement of Agreed Facts which may be fairly summarised as follows. At 11.40am on Sunday 12 July 2015, the offender was walking along Casey Drive, Watanobbi, holding a pump‑action rifle. Police were called. On sighting the police vehicle the offender decamped on foot and prior to his apprehension, dropped the rifle into a creek. Upon his arrest, the offender made admissions as to having ammunition and indicated the area where he dropped the firearm. A search located three .22 calibre bullets, a number of syringes, and a small plastic resealable bag containing less than 2 grams of methylamphetamine. 4. Following a search, the rifle was located. It was found to be loaded with five live .22 calibre rounds and one .22 calibre spent chambered round. The serial number had been obliterated and it was missing an ammunition tube spring. That item was located in a black backpack worn by the offender, together with another 59 live .22 calibre rounds, some cash and an ice pipe. 5. Upon examination by a ballistics expert, the weapon was found to be a .22 Long Rifle calibre Winchester model 90, repeating pump-action rifle in good working order, which had been shortened to dimensions less than the minimum dimension prescribed by the regulations. The ammunition located was examined and found to be suitable for use in the rifle.