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R v Cromarty

R v Cromarty

Case [2004] NSWCCA 54 22 March 2004

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Reported Decision:
144 A Crim R 515

New South Wales

Court of Criminal Appeal

CITATION: Regina v Cromarty [2004] NSWCCA 54

HEARING DATE(S): 05/03/04

JUDGMENT DATE:
22 March 2004

JUDGMENT OF: Simpson J at 1; Kirby J at 2; Bell J at 93

DECISION: (1) That the appeal be allowed; (2) That the sentence imposed by Coolahan DCJ on 24 September 2003 be quashed; (3) That, in lieu thereof, the respondent be sentenced as follows: Count 1: Taking account of the matters on the Form 1 to a term of imprisonment of 4 years commencing on 4 October 2003 and expiring on 3 October 2007, with a non parole period of 2 years expiring on 3 October 2005. Count 2: Imprisonment for a fixed term of 2 years commencing on 4 October 2003 and expiring on 3 October 2005. Count 3: Imprisonment for a fixed term of 18 months commencing on 4 October 2003 and expiring on 3 April 2005. Counts 4 and 5: On each count, to imprisonment for a fixed term of 16 months commencing on 4 October 2003 and expiring on 3 February 2005; (4) The order that all firearms be seized and forfeited to the Crown is confirmed.

CATCHWORDS: Criminal Practice & Procedure - Crown appeal against sentence - Firearms Act - possession of large number of prohibited and unregistered weapons - collector - security risk - importance of maximum penalty - deterrence and denunciation - unsuitability of periodic detention

LEGISLATION CITED: Firearms Act 1996
Weaons Prohibition Act 1998
Firearm Amendment (Public Safety) Act
Crimes (Sentencing Procedure) Act, 1999

CASES CITED: R v Zamagias [2002] NSWCCA 17
R v Shankley [2003] NSWCCA 253
Ibbs v The Queen (1987) 163 CLR 447
R v Allpass (1994) 72 A Crim R 561
R Whyte (2002) 55 NSWLR 252
R v Dodd (1991) 57 A Crim R 349
R v Penisini [2003] NSWSC 892
Dinsdale v The Queen (2000) 202 CLR 321

PARTIES :
Regina
Ian Ross Cromarty

FILE NUMBER(S): CCA 60438/03

COUNSEL: Ms E Wilkins (Crown/Appl)
P Byrne SC/G Sunstrom (Resp)

SOLICITORS: S Kavanagh (Crown/Appl)
T Morgan (Resp)

LOWER COURTJURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/31/01163

LOWER COURT
JUDICIAL OFFICER : Coolahan DCJ

60438/03

SIMPSON J
KIRBY J
BELL J
Monday 22 March 2004

REGINA v IAN ROSS CROMARTY

Judgment

1 SIMPSON J: I agree with Kirby J.

2 KIRBY J: This is an appeal against sentence by the Crown. Ian Ross Cromarty pleaded guilty to each count in the following indictment:

Count 1: Unauthorised possession of firearms in aggravated circumstances, contrary to s51D(2) Firearms Act 1996 (maximum penalty: 20 years imprisonment).

Count 2: Possession of unregistered firearms, contrary to s36(1) Firearms Act 1996 (maximum penalty: 10 years imprisonment).

Count 3: Possession of firearms with defaced identification marks, contrary to s66(b) Firearms Act 1996 (maximum penalty: 5 years imprisonment).

Count 4: Unauthorised possession of prohibited weapons, contrary to s7(1) Weapons Prohibition Act 1998 (maximum penalty: 14 years imprisonment).

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 Cromarty

Details

AGLC: R v Cromarty [2004] NSWCCA 54
Case: [2004] NSWCCA 54
Decision Date: 22 March 2004

CaseChat Overview and Summary

In the case of R v Cromarty, the respondent appealed against his sentence for possessing a large number of prohibited and unregistered weapons. The respondent was found guilty of 18 offences under the Firearms Act and sentenced to imprisonment for a total of 12 years and 3 months. The prosecution appealed against the sentence, arguing it was too lenient given the gravity of the offences. The appeal was heard by the Full Court of the Supreme Court of South Australia.

The legal issues before the court included whether the sentence was manifestly inadequate, whether the court should have considered the maximum penalty for the offences, and the appropriate weight to give to the respondent's status as a collector. The court also needed to determine the importance of deterrence and denunciation in sentencing and whether periodic detention was unsuitable in this case.

The Full Court found that the sentence was manifestly inadequate and increased it to 15 years and 3 months imprisonment. The court emphasised the importance of the maximum penalty in sentencing for these offences and the need for deterrence and denunciation. The court also considered the respondent's status as a collector but found it did not mitigate the seriousness of the offences. The court concluded that periodic detention was unsuitable in this case due to the security risk posed by the respondent's collection of weapons. The court increased the sentence to reflect the seriousness of the offences and the need for deterrence and denunciation.

Orders