R v Chantelle Strnad - [2018] NSWDC 280

District Court

New South Wales

Medium Neutral Citation: R v Chantelle Strnad [2018] NSWDC 280
Hearing dates: 9 July, 3 September 2018
Date of orders: 03 September 2018
Decision date: 03 September 2018
Jurisdiction: Criminal
Before: Montgomery DCJ
Decision:
(1)   You are convicted of the following offences:
(a) Use a prohibited firearm not being authorised to do so by a licence or permit: s 7(1) Firearms Act 1996;
(b) Use a prohibited firearm not being authorised to do so by a licence or permit: s 7(1) Firearms Act 1996; and
(c) Intentionally hindering an investigation by police of a serious indictable offence: s 315(1)(a) Crimes Act 1900.
(2)   I revoke the s 9 bond ordered 29 March 2015 sequence H57706961.
(3)   On account of breach of the s 9 bond ordered 29 March 2015 sequence H57706961 you are sentenced to 6 months imprisonment commencing 10 May 2016.
(4)   You are sentenced to a non-parole period of 2 years and 2 months commencing 10 August 2016, terminating on 9 October 2018.
(5)   The balance term of 1 year and 2 months to commence on 10 October 2018, terminating on 9 December 2019.
(6)   In relation to the Count 4 offence you are to enter into a good behaviour bond pursuant to s 9 CSP 1999. I order for you to enter into the bond for period of 18 months commencing today.
(7)   Conditions which apply during the period of the bond:
(a)   Appear before the court at any time if called upon to do so.
(b)   To be of good behaviour.
(c)   To report to the officer in charge of Community Corrections Nowra within 14 days.
(d)   To advise the clerk of the court of any change of residential address.
(e)   To accept the supervision of and obey all reasonable directions of the Community Correctives Service for as long as that service considers it appropriate.

Catchwords: CRIMINAL LAW – sentence – use of a firearm – hindering an investigation by police – pleas of guilty – criminal enterprise
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Firearms Act 1996
Cases Cited: Cahyadi v R [2007] NSWCCA 1
Grealish v R [2013] NSWCCA 336
JM v R [2014] NSWCCA 297
Miller v The Queen [2016] HCA 30; 90 ALJR 918
R v De Simoni (1981) 147 CLR 383
R v Holder (1983) 3 NSWLR 245
R v MMK [2006] NSWCCA 272
R v Skinner [2018] NSWCCA 185
R v Thompson; R v Houlton (2000) 49 NSWLR 383
Veen v The Queen (No 2) (1988) 164 CLR 465
Yeung v R [2018] NSWCCA 52
Category: Sentence
Parties: Regina
Chantelle Strnad (offender)
Representation:
Counsel:
Mr K Gilson (Crown)
Mr J Korn (offender)
Solicitors:
DPP
Korn MacDougall Legal

File Number(s): 2016/00144020
Publication restriction: Nil

sentence

The offender having pleaded guilty and being convicted is to be sentenced for the offences described in Counts 1, 2 and 4 on the indictment, as follows:

Count 1: On the 7th day of March 2016 at…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Chantelle Strnad

Details

AGLC: R v Chantelle Strnad [2018] NSWDC 280
Case: [2018] NSWDC 280
Decision Date: 03 September 2018

CaseChat Overview and Summary

The matter of R v Chantelle Strnad was before the court to determine the appropriate sentence for the defendant, who had pleaded guilty to multiple offences. The defendant was convicted of using a prohibited firearm without a licence or permit, as well as intentionally hindering an investigation by police into a serious indictable offence. The court was required to consider the nature of the offences, the circumstances surrounding them, and the defendant’s criminal history in determining the appropriate sentence.

The legal issues the court had to address included the severity of the use of a prohibited firearm, the impact of hindering a police investigation, and the need for the sentence to reflect the seriousness of the offences, while also considering any mitigating factors. The court considered the principles of sentencing for serious offences, the need for deterrence, and the potential for rehabilitation.

The court found that the offences were serious, with the use of a prohibited firearm posing a significant risk to public safety. The defendant's actions in hindering the police investigation further compounded the seriousness of the offences. However, the court also considered the defendant's guilty plea and early admission of guilt, which were mitigating factors. Ultimately, the court determined that the appropriate sentence was a non-parole period of 2 years and 2 months, with a total sentence of 3 years and 2 months, to be served in a corrective services facility. The court also imposed a good behaviour bond for a period of 18 months, with specific conditions to ensure the defendant remained under supervision and complied with the law.

The court revoked the defendant's existing bond and imposed the sentence to commence on 10 August 2016, reflecting the gravity of the offences and the need for a substantial period of incarceration.

Orders

Orders of the court

(1) You are convicted of the following offences:

(a) Use a prohibited firearm not being authorised to do so by a licence or permit: s 7(1) Firearms Act 1996;

(b) Use a prohibited firearm not being authorised to do so by a licence or permit: s 7(1) Firearms Act 1996; and

(2) I revoke the s 9 bond ordered 29 March 2015 sequence H57706961.

(3) On account of breach of the s 9 bond ordered 29 March 2015 sequence H57706961 you are sentenced to 6 months imprisonment commencing 10 May 2016.

(4) You are sentenced to a non-parole period of 2 years and 2 months commencing 10 August 2016, terminating on 9 October 2018.

(5) The balance term of 1 year and 2 months to commence on 10 October 2018, terminating on 9 December 2019.

(6) In relation to the Count 4 offence you are to enter into a good behaviour bond pursuant to s 9 CSP 1999. I order for you to enter into the bond for period of 18 months commencing today.

(7) Conditions which apply during the period of the bond:

(a) Appear before the court at any time if called upon to do so.

(b) To be of good behaviour.

(d) To advise the clerk of the court of any change of residential address.

(e) To accept the supervision of and obey all reasonable directions of the Community Correctives Service for as long as that service considers it appropriate.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Chantelle Strnad [2018] NSWDC 280
Hearing dates:	9 July, 3 September 2018
Date of orders:	03 September 2018
Decision date:	03 September 2018
Jurisdiction:	Criminal
Before:	Montgomery DCJ
Decision:	(1) You are convicted of the following offences: (a) Use a prohibited firearm not being authorised to do so by a licence or permit: s 7(1) Firearms Act 1996; (b) Use a prohibited firearm not being authorised to do so by a licence or permit: s 7(1) Firearms Act 1996; and (c) Intentionally hindering an investigation by police of a serious indictable offence: s 315(1)(a) Crimes Act 1900. (2) I revoke the s 9 bond ordered 29 March 2015 sequence H57706961. (3) On account of breach of the s 9 bond ordered 29 March 2015 sequence H57706961 you are sentenced to 6 months imprisonment commencing 10 May 2016. (4) You are sentenced to a non-parole period of 2 years and 2 months commencing 10 August 2016, terminating on 9 October 2018. (5) The balance term of 1 year and 2 months to commence on 10 October 2018, terminating on 9 December 2019. (6) In relation to the Count 4 offence you are to enter into a good behaviour bond pursuant to s 9 CSP 1999. I order for you to enter into the bond for period of 18 months commencing today. (7) Conditions which apply during the period of the bond: (a) Appear before the court at any time if called upon to do so. (b) To be of good behaviour. (c) To report to the officer in charge of Community Corrections Nowra within 14 days. (d) To advise the clerk of the court of any change of residential address. (e) To accept the supervision of and obey all reasonable directions of the Community Correctives Service for as long as that service considers it appropriate.
Catchwords:	CRIMINAL LAW – sentence – use of a firearm – hindering an investigation by police – pleas of guilty – criminal enterprise
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996
Cases Cited:	Cahyadi v R [2007] NSWCCA 1 Grealish v R [2013] NSWCCA 336 JM v R [2014] NSWCCA 297 Miller v The Queen [2016] HCA 30; 90 ALJR 918 R v De Simoni (1981) 147 CLR 383 R v Holder (1983) 3 NSWLR 245 R v MMK [2006] NSWCCA 272 R v Skinner [2018] NSWCCA 185 R v Thompson; R v Houlton (2000) 49 NSWLR 383 Veen v The Queen (No 2) (1988) 164 CLR 465 Yeung v R [2018] NSWCCA 52
Category:	Sentence
Parties:	Regina Chantelle Strnad (offender)
Representation:	Counsel: Mr K Gilson (Crown) Mr J Korn (offender) Solicitors: DPP Korn MacDougall Legal
File Number(s):	2016/00144020
Publication restriction:	Nil