R v Dean

[2020] NSWDC 11

District Court

New South Wales

Medium Neutral Citation:	R v Dean [2020] NSWDC 11
Hearing dates:	7 February 2020
Date of orders:	13 February 2020
Decision date:	13 February 2020
Jurisdiction:	Criminal
Before:	Abadee DCJ
Decision:	See paragraphs [136] – [143]
Catchwords:	CRIMINAL – sentencing – firearms possession offence – contravention of apprehended violence order – other firearms offences – use of carriage service to threaten to kill – re-sentencing of range of offences following appeal – discount for guilty pleas – sentencing for state offences and federal offence
Legislation Cited:	Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth) Firearms Act 1996 (NSW) Road Transport Act 2013 (NSW)
Cases Cited:	Cheung v The Queen (2001) 209 CLR 1 Dean v R [2019] NSWCCA 27 Greenwood v Regina [2014] NSWCCA 64 Munda v Western Australia (2013) 249 CLR 600 R v Betts [2017] NSWDC 124 R v Mallia [2007] NSWDC 324 R v Maltese [2004] NSWCCA 408 R v Mostyn (2004) 145 A Crim R 304 The Queen v Olbrich (1999) 199 CLR 270 TW (No.2) [2014] ACTA 37 Wood v R [2019] NSWCCA 309
Category:	Sentence
Parties:	Director of Public Prosecutions Mr GM Dean
Representation:	Counsel: Mr M Paish for the Director of Public Prosecutions Mr T Ramrakha for the offender     Solicitors: Solicitor for the Director of Public Prosecutions Legal Aid
File Number(s):	2015/204183, 2016/18847

SENTENCING REMARKS

Introduction

1. The offender is to be sentenced in relation to seven indictable offences (comprising 6 state offences and one Commonwealth offence) as well as five related offences.

2. The proceedings overall have had a chequered procedural history, featuring an earlier successful sentencing appeal in respect to an aggregate sentence imposed on the offender in relation to seven indictable offences[1] . Following that appeal, the offender was tried on two counts, the latter of which was in the alternative to the primary count. The first count was, to paraphrase, the possession of a firearm with the intent to commit the indictable offence of murder. The alternative count was possession of a firearm to intimidate.

   1. Dean v R [2019] NSWCCA 27. The background is especially set out at [6]-[10]. The appeal judgment was from the sentencing remarks of Judge Sides on 13 June 2017.

3. On 28 November 2019, a jury returned a verdict of not guilty in relation to the primary count, but guilty on count 2 on an indictment that on 12 July 2015, the offender possessed an offensive weapon with intent to commit the indictable offence of intimidation, contrary to s 33B(1) of the Crimes Act1900 (NSW).

4. In effect, the earlier sentencing proceeding was premised upon a view that the relevant indictable offence, for the purposes of the firearm possession offence, was that of murder. The offender contends that this affected, in some respects, the sentencing of other offences. Now that the jury has found the offender not guilty on the primary…