Baxter v R [2018] NSWCCA 281

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Baxter v R [2018] NSWCCA 281 Hearing dates: 8 October 2018 Date of orders: 07 December 2018 Decision date: 07 December 2018 Before: White JA Walton J Wilson J Decision: The Court orders:

(1) Give leave to the applicant to appeal against the conviction for offences of attempt to supply a prohibited firearm, and possess a prohibited firearm.

(2) Allow the appeal to the Court in respect of the convictions of those offences, and set aside the convictions.

(3) Quash the aggregate sentence imposed on the appellant in the District Court on 3 November 2017.

(4) Remit the matter to the District Court for sentence for the offence of supply prohibited drug contrary to s 25(1) of the Drug Misuse and Trafficking Act. Offences contrary to ss 29(1)(a) and 65(3) of the Firearms Act are remitted to that Court for further order. Catchwords: CRIME – appeal against sentence – aggregate sentence – firearms offences – concessions by the Crown – orders by consent – evidence not capable of establishing the firearms were "prohibited firearms" within the meaning of that expression in the Firearms Act 1996 (NSW) – consequences of quashing those the convictions – no lawful sentences exist for the remaining offences –leave to the applicant to appeal against the conviction – quash the aggregate sentence – remit the matter to the District Court for sentencing Legislation Cited: Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: DJL v Central Authority (2000) 201 CLR 226; [2000] HCA 17 Category: Principal judgment Parties: Jamie Alan Baxter (Applicant) Regina (Respondent) Representation: Counsel: S Kluss (Applicant) C Curtis (Respondent)