R v Jarrod Betts [2017] NSWDC 123

District Court New South Wales

Medium Neutral Citation: R v Jarrod Betts [2017] NSWDC 123 Hearing dates: 16 May 2017 Decision date: 25 May 2017 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [92] and [93] Catchwords: Multiple firearms offences; multiple supply prohibited drugs offences; aggregate sentence Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Weapons Prohibition Act 1988 Category: Sentence Parties: Director of Public Prosecutions (Crown) Jarrod Betts (Offender) Representation: Solicitors: L Hanshaw (Crown) D Barron (Offender) File Number(s): 16/21902115/346174 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of two sets of offences. The first set of offences, although they took place later in time than the second set, are as follows: 1. On or about 23 November 2015 in Wagga Wagga and Talbingo, in the State of New South Wales, did possess more than three firearms, namely four firearms, of which two were pistols and one was a prohibited firearm, in circumstances where those firearms were not registered and where he was not authorised by a licence or permit to possess those firearms, pursuant to s 51D(2) of the Firearms Act 1996. The maximum penalty for this offence is a term of imprisonment of 20 years. There is a Standard Non-Parole Period of 10 years imprisonment. 1. Between 13 September 2015 and 24 November 2015, at Wagga Wagga, in the State of New South Wales, did acquire a pistol, namely a .357 Magnum Calibre Taurus model 689 revolver, from a person who was not authorised to possess the firearm by a licence or permit, pursuant to s 51A(1) of the Firearms Act 1996. The maximum penalty for this offence is 14 years imprisonment. 1. Between 3 October 2015 and 5 October 2015 at Talbingo, in the State of New South Wales, did use a pistol, namely a .357 Magnum Calibre Taurus model 689 revolver, without being authorised to do so by a licence or permit, pursuant to s 7(1) of the Firearms Act 1996. The maximum penalty for this offence is a term of imprisonment of 14 years. There is a Standard Non-Parole Period of 4 years. 1. Between 1 January 2015 and 23 November 2015 at Wagga Wagga, in the State of New South Wales, did shorten a firearm that was not a pistol, namely, a .22 Calibre Remington rifle serial number X 3764, without being authorised to do so by a permit, pursuant to s 62(1)(a) of the Firearms Act 1996. The maximum penalty for this offence is a term of imprisonment of 14 years. 1. Between 13 September 2015 and 24 November 2015 at Talbingo, in the State of New South Wales, did possess a prohibited weapon, namely, a home-made firearm silencer, without being authorised to do so by a licence or permit pursuant to s 7(1) of the Weapons Prohibition Act 1988. The maximum penalty for this offence is imprisonment of 14 years. There is a Standard Non-Parole Period of 5 years imprisonment. 1. Between 13 September 2015 and 24 November 2015 at Talbingo, in the State of New South Wales, did possess a prohibited weapon, namely, a home-made metal firearm silencer, without being authorised to do so by a licence or permit pursuant to s 7(1) of the Weapons Prohibition Act 1998. The maximum penalty for this offence is a term of imprisonment of 14 years. There is a Standard Non-Parole Period of 5 years imprisonment. 1. In addition to those six matters, the offender has been charged with the following related offences which are subject to a certificate pursuant to s 166 of the Criminal Procedure Act 1986, namely: 1. Sequence 1 – possess prohibited drug 2. Sequence 5 – not keep firearm safely – prohibited firearm 3. Sequence 9 – not keep firearm safely – pistol 4. Sequence 10 – possess ammunition without holding licence/permit/authority 5. Sequence 15 – not keep firearm safely – pistol 6. Sequence 18 – not keep firearm safely – not prohibited firearm/pistol 1. These summary matters have the following maximum penalties: 1. Possess prohibited drug – maximum penalty 2 years imprisonment. 2. Not keep firearm (prohibited or pistol) stored safely (3 matters) – maximum penalty 50 penalty units and/or 2 years imprisonment. 3. Possess ammunition without licence – 50 penalty units. 4. Not keep firearm stored safely (not prohibited or pistol) – maximum penalty 20 penalty units and/or imprisonment for 12 months. 1. The offender was committed for trial on 6 April 2016 from Wagga Wagga Local Court. A plea of guilty was communicated by the offender to the ODPP on 28 October 2016, and the offender was arraigned and entered pleas of guilty to the six counts on an Indictment on 4 November 2016. 2. The offender spent from 24 November 2015 to 23 May 2016 in custody, and was granted conditional bail by the Supreme Court on 18 May 2016, and released from custody on 23 May 2016. He was re-arrested on the second set of matters, which had pre-dated the above offences, on 20 July 2016, and has been in continual custody since that date.