R v Smith [2020] NSWDC 123

District Court New South Wales

Medium Neutral Citation: R v Smith [2020] NSWDC 123 Hearing dates: 26 February 2020 Decision date: 26 February 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence - four years and four months imprisonment - Non-parole period two years and eight months. Catchwords: SENTENCING - Firearms Act offences SENTENCING - relevant factors on sentence - multiple Firearms Act offences- Forms 1 - breach of firearms prohibition order - reason for possession ambiguous - multiple mental health issues - exposure as a child to drugs and violence - special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: Olbrich v The Queen [1999] HCA 54; (1999) 199 CLR 270 Category: Sentence Parties: Jake Smith Director of Public Prosecutions Representation: Counsel: Mr A Chhabra (for the offender)

Solicitors: Crown: Hanna Legal (for the offender) Ms A Bird (for Director of Public Prosecutions) File Number(s): 2018/00356698

sentence – ex tempore revised 1. Jake Smith is no stranger to the Courts and no stranger to gaol. He has spent most of his life either in gaol or a juvenile institution. He is again in custody facing sentence for four serious matters. Each of the matters individually calls for full-time custodial sentences. Each of the matters for sentence involves serious breaches of the Firearms Act 1996. 2. The primary purpose of Firearms Act is community protection. It must be, abundantly clear to everyone in the community that firearm possession is a privilege restricted to those who have proved themselves capable of exercising that privilege. 3. Smith was totally unable to exercise any privileges given by the Firearms Act. In fact, on 23 June 2015 he was served with and had explained to him a firearms prohibition order. The offending in each case was in breach of that order. 4. The offences for sentence are: 1. two counts of possess unauthorised pistol, s 71 Firearms Act 1996; maximum penalty 14 years imprisonment. The standard non‑parole period for an offence objectively in the middle of the range is four years. 2. Possession of a shortened firearm not a pistol without authority, s 62(1) Firearms Act; maximum penalty 14 years imprisonment. 3. Possession of an unauthorised firearm, s 7A Firearms Act; maximum penalty five years imprisonment. 1. In relation to each of the matters I am asked to and will take into account Smith's acceptance of responsibility for other related offences placed on s 33 Crimes (Sentencing Procedure) Act 1999 Forms 1.