Laspina v R [2016] NSWCCA 181

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Laspina v R [2016] NSWCCA 181 Hearing dates: 20 July 2016 Decision date: 19 August 2016 Before: Hoeben CJ at CL at [1]; Rothman J at [2]; R A Hulme J at [9] Decision: 1. Grant leave to appeal against sentence. 2. Allow the appeal. 3. Quash the sentence imposed in the District Court on 14 August 2015 for the offence of ongoing supply of firearms contrary to s 51B(1) of the Firearms Act. 4. In lieu, sentence the offender to imprisonment comprising a non-parole period of 3 years 8 months with a balance of the term of the sentence of 2 years 4 months. The sentence will date from 5 February 2015. The non-parole period will expire on 4 October 2018 at which time the offender will become eligible for release on parole. Catchwords: CRIMINAL LAW – appeal against sentence – ongoing supply of firearms – s 51B(1) of the Firearms Act 1996 (NSW) – where judge found causal connection between psychiatric conditions and offending conduct – judge failed to adequately take that finding into account in assessment of moral culpability and in moderating weight given to general deterrence – necessary to re-exercise sentencing discretion – appeal allowed Legislation Cited: Crimes Act 1900 (NSW) s 527C Drug Misuse and Trafficking Act 1985 (NSW) s 25(1) Firearms Act 1996 (NSW) ss 51B, 51BA Weapons Prohibition Act 1998 (NSW) s 7(1) Cases Cited: Aslan v R [2014] NSWCCA 114 Athos v R [2013] NSWCCA 205 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Lachlan v R [2015] NSWCCA 178 Ngati v R [2014] NSWCCA 125 R v Clark (Court of Criminal Appeal (NSW), 15 March 1990, unrep) R v Howard [2004] NSWCCA 348 R v Pitt [2005] NSWCCA 304 R v Wright (1997) 93 A Crim R 48 Category: Principal judgment Parties: Mario Antonio Laspina (Applicant) Regina (Respondent) Representation: Counsel: Mr A Chhabra (Applicant) Ms V Lydiard (Crown)