R v Gavranich [No 3] (Sentence) [2019] NSWDC 225

District Court New South Wales

Medium Neutral Citation: R v Gavranich [No 3] (Sentence) [2019] NSWDC 225 Hearing dates: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of five years nine months with a non‑parole period of three years three months. Catchwords: SENTENCING – Sentencing procedure – two offences – sentence after early guilty plea and sentence after trial – special circumstances – commencement date – accumulation and concurrence. SENTENCING – Relevant factors on sentence – domestic violence offences and need for deterrent sentences – gaols fail as a deterrent – firearms offences – guidance from maximum penalties and standard non parole period – reasons for departure. SENTENCING – Probation and Parole – offence committed on parole – non parole period. SENTENCING – Aggravating factors – committed on parole – prior offences. SENTENCING – Mitigating factors – young immature offender. Legislation Cited: Crimes Act 1900 Firearms Act 1996 Cases Cited: Dunn v R (2004) 144 A Crim R 180 R v Peter Gavranich [No 2] (Verdict) [2018] NSWDC 40 R v Burton [2008] NSWCCA 128 The Queen v Killick [2016] HCA 48; (2016) 259 CLR 256 Category: Sentence Parties: Peter Gavranich (Offender) Director of Public Prosecutions Representation: Counsel: Mr Z Khan (for the offender)

Solicitors: Morrisons Law (for the offender) Ms G Steedman (Solicitor Advocate for the Director of Public Prosecutions) File Number(s): 2017/00394008