R v Jarrod Craig Hussey [2019] NSWDC 34

District Court New South Wales

Medium Neutral Citation: R v Jarrod Craig Hussey [2019] NSWDC 34 Hearing dates: 21 November 2018 Decision date: 28 February 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Sentence of full-time custody to be served by Intensive Correction Order. For orders see [39] Catchwords: Possession of firearm Legislation Cited: Firearms Act 1996 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Farrell [2015] NSWCCA 68 R v Pullen [2018] NSWCCA 264 Category: Sentence Parties: Director of Public Prosecutions (Crown) Jarrod Craig Hussey (Offender) Representation: Counsel: E James (Offender)

Solicitors: S Fliegner (Crown Solicitor) File Number(s): 16/376026 Publication restriction: Nil

REMARKS ON SENTENCE 1. On 18 September 2018 the offender pleaded not guilty on arraignment to an offence pursuant to s 7(1) of the Firearms Act 1996 as follows: On 19 November 2015, at Homebush West, in the State of New South Wales, did possess a prohibited pistol, namely, 9mm IMI Baby Eagle pistol, not being authorised to do so by a licence or permit. 1. The trial proceeded by judge alone and on 21 September 2018 I entered a verdict of guilty. My reasons for that verdict, and my findings of fact are set out in my judgment on verdict. Those findings led to a conclusion that, at the relevant time, the offender was in possession of the subject firearm pursuant to the extended definition of possession contained in s 4 and s 4A of the Firearms Act 1996. 2. The maximum penalty for the offence is 14 years imprisonment and there is a Standard Non-Parole Period of 4 years imprisonment.