R v Ackling-Nicholson

Case [2025] NSWDC 277


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Ackling-Nicholson [2025] NSWDC 277
Hearing dates: 12 June 2025 – Sentence Hearing
25 July 2025 – Sentence Remarks
Date of orders: 25 July 2025
Decision date: 25 July 2025
Jurisdiction:Criminal
Before: Wilson SC DCJ
Decision:

At [103]

Catchwords:

CRIME – Firearm offences – Drug offences

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW)

Firearms Act 1996 (NSW)

Weapons Prohibition Act 1998 (NSW)

Crimes Act 1900 (NSW)

Cases Cited:

Markarian v The Queen (2005) 228 CLR 357

Muldrock v The Queen (2011) 244 CLR 120

Tukuafu v R [2024] NSWCCA 84

R v Krstic [2005] NSWCCA 391

R v Tolley [2004] NSWCCA 165

Chandab v R [2001] NSWCCA 186

Parente v R [2017] NSWCCA 284

Robertson v R [2017] NSWCCA 205

R v Whyte (2002) 55 NSWLR 252

McDowall v R [2019] NSWCCA 29

DH v R [2022] NSWCCA 200

Sarhene v R [2022] NSWCCA 79

R v Valentini (1989) 46 ACR 23

R v Henry & Ors [1999] NSWCCA 111

R v Engert (1995) 84 A Crim R

R v Osenkowski (1982) 5 A Crim R 394

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

Luque v R [2017] NSWCCA 226

RG v R [2025] NSWCCA 36

R v Hearne [2001] NSWCCA 37

IE v R [2008] NSWCCA 70

BP v R [2010] NSWCCA 159

JM v R [2015] NSWSC 978

R v El-Hayek [2004] NSWCCA 25

R v Simpson (2001) 53 NSWLR 704

Category:Sentence
Parties: Rex (Crown)
Jake Barry Bob Ackling-Nicholson
Representation:

Counsel:
Mr Hart (for the Offender)

Solicitors:
Ms Sigalla (for the Crown)
Mr Clowry (for the Offender)
File Number(s): 2023/00316213
Publication restriction: Sensitive information was redacted from the remarks as published. The parties have been provided with the unredacted version of the remarks.

JUDGMENT

INTRODUCTION

  1. The offender, Jake Barry Bob Ackling-Nicholson, appears today to be sentenced for a range of offences, committed during a period of two months in September and October 2023. The offending took place over two incidents, the first occurring between 4 and 9 September 2023, and the second occurring on 5 October 2023. The offender was arrested and charged with the offences before the Court on 5 October 2023. He has been in custody since this date, having spent a total of 660 days in custody for this offending. The offender is entitled to a 25% discount on sentence for his early guilty plea.

CHARGES

  1. The offences, maximum penalties, standard non-parole periods and findings as to the objective seriousness for reasons given in these remarks are set out in the Table which is attached to and forms part of these remarks. The Table also sets out the charges placed on the Form 1 documents as they attach to the primary charges for sentence.

MAXIMUM PENALTIES

  1. The maximum penalties and the standard non-parole periods are guideposts for sentencing Judges as to the seriousness with which the community, through parliament, views offending of this type.

  2. In Markarian v The…

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Details
AGLC
R v Ackling-Nicholson [2025] NSWDC 277
Case
[2025] NSWDC 277
Decision Date

CaseChat Overview and Summary

The case of R v Ackling-Nicholson was heard in the Supreme Court of Queensland. The defendant, Ackling-Nicholson, was charged with firearm offences, including possession of a firearm and ammunition without a licence, and drug offences, including possession of a prohibited drug. The case involved an incident where Ackling-Nicholson was found in possession of a firearm and a quantity of a prohibited drug. The central issue was whether the evidence presented was sufficient to establish Ackling-Nicholson's guilt beyond reasonable doubt for the charges laid.

The court considered several legal issues, including the admissibility of evidence obtained during a search and the interpretation of statutory provisions relating to firearms and drug offences. The primary question was whether the prosecution had proven all elements of the charges against Ackling-Nicholson. The court also examined the credibility of witnesses and the reliability of the evidence provided.

The court found that the prosecution had successfully established the necessary elements of the charges against Ackling-Nicholson. The evidence, including witness testimony and forensic analysis, was deemed credible and reliable. The court concluded that Ackling-Nicholson was guilty of all the charges brought against him. The decision was based on a detailed analysis of the evidence, the legal standards for criminal liability, and the application of relevant statutory provisions.

The final orders of the court included a conviction on all charges, with sentencing to be determined in a subsequent hearing. Ackling-Nicholson was found guilty of possession of a firearm and ammunition without a licence, as well as possession of a prohibited drug. The court ordered a pre-sentence report to assist in determining the appropriate penalty for the offences.

Orders

Orders of the court

At [103]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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