R v Finigan [2019] NSWDC 590

District Court New South Wales

Medium Neutral Citation: R v Finigan [2019] NSWDC 590 Hearing dates: 20 September 2019; 22 October 2019 Date of orders: 22 October 2019 Decision date: 22 October 2019 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: You are convicted of the offences of:

(1) possess unregistered firearm (Remington pump action rifle) contrary to section s36(1) of the Firearms Act 1996 (NSW); and

(2) supply large commercial quantity (5.484 kilograms) of methylamphetamine, contrary to section 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW).

Taking into account the matters on the Form 1, you are sentenced to an aggregate term of imprisonment of 3 years 9 months. The aggregate sentence I impose consists of a non-parole period of 2 years 2 months commencing from 5 February 2019 and a head sentence of 3 years 9 months. You will become eligible to be released on parole on 4 April 2021. I have deviated from the statutory ratio of 75% because I have found special circumstances.

If separate sentences had been imposed instead of an aggregate sentence, for the offence of possess unregistered firearm (Remington pump action rifle) contrary to section s36(1) of the Firearms Act 1996, I would have imposed a head sentence 9 months. This term has been reduced by a discount of 25% for the plea of guilty. Had the discount not been applicable, I would have sentenced you for 12 months.

For the offence of supply large commercial quantity (5.484 kilograms) of methylamphetamine, contrary to section 25(2) of the Drug Misuse and Trafficking Act 1985, I would have imposed a sentence of 3 years 4 months and the non-parole period would have been 2 years 2 months. This term has been reduced by a discount of 25% for the plea of guilty. Had the discount not been applicable, I would have sentenced you to a period of imprisonment of 4 years 6 months.