R v West [2019] NSWDC 838

District Court New South Wales

Medium Neutral Citation: R v West [2019] NSWDC 838 Hearing dates: 6 December 2019 Decision date: 06 December 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of five years and two months. Non-parole period of three years and two months. Catchwords: SENTENCING – Fire firearm – intimidation – possess firearm. SENTENCING - Relevant factors on sentence – early offer to plea accepted after arraignment – parity – first adult offence – multiple Children's Court offences – immature offender – use of background reports – history of disadvantage – never lived a normal life in the community – lack of insight – need for assistance – protection of the community – need for assistance in custody and monitoring on release. Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing and Procedure) Act 1999 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1988 Firearms Act 1996 Road Transport Act 2013 Cases Cited: Crimes (Administration of Sentences) Act 1999 DM v R [2005] NSWCCA 181 DPP v De La Rosa [2010] NSWCCA 194 Elliot and Blessington [2006] NSW CCA 305 Hearne (2001) 124 A Crim R 451 JM v R [2012] NSWCCA 83 KT v R (2008) 182 A Crim R 571 R v Engert (1995) 84 A Crim R 67 R v Oinonen (1999) NSWCCA 310 R v Williams (2019) NSWDC 804 The Queen v De Simoni (1981) 147 CLR 383 Slade v The Queen [2005] NZ CA 19 Veen v The Queen (No 2) (1988) 164 CLR 465 Texts Cited: Does Imprisonment Deter? A Review of the Evidence, Victorian Sentencing Advisory Council, April 2011 Category: Sentence Parties: Christopher West (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender) Ms A Hughes, Solicitor Advocate, Director of Public Prosecutions