R v Dixon

[2019] NSWDC 585

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Dixon [2019] NSWDC 585
Hearing dates:	6, 20 September 2019
Date of orders:	20 September 2019
Decision date:	20 September 2019
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	The offender is sentenced to an aggregate term of 11 years with a non-parole period of seven years, commencing 1 May 2017. The non-parole period will expire on 30 April 2024 and the head sentence will expire on 30 April 2028.
Catchwords:	CRIME — Firearms offences SENTENCING — Plea of guilty — Timing of Plea SENTENCING — Relevant factors on sentence — Social Deprivation — Bugmy factors
Legislation Cited:	Crimes Act 1900 Firearms Act 1996
Cases Cited:	Bugmy v R [2013] HCA 37; (2013) 249 CLR 571 Jinnette v R [2012] NSWCCA 217 Laupama v R [2015] NSWCCA 311 Powell v R [2014] NSWCCA 69 R v Borkowski (2009) 195 A Crim R 1 R v Campbell; R v Smith [2019] NSWCCA 1 R v Dib [2003] NSWCCA 117 R v Lambell [2019] NSWDC 78 R v Stambolis [2006] NSWCCA 56 Zhao v R [2016] NSWCCA 179
Category:	Sentence
Parties:	Regina (Crown) Matthew Dixon (Offender)
Representation:	Counsel: A Chatterton (Solicitor Advocate, Crown) D Stewart (Offender)  Solicitors: Solicitor for Public Prosecutions (Crown) Rose Hill and Associate Solicitors
File Number(s):	2017/00130082

Judgment

INTRODUCTION

1. Matthew Dixon appears before me for sentence. He has pleaded guilty to the following:

1. Use offensive weapon with intent to commit indictable offence, contrary to s 33B(1)(a) of the Crimes Act. The maximum penalty is 12 years. There is no standard non-parole period.

2. Fire a firearm at a dwelling house with disregard for safety, contrary to s 93GA(1) of the Crimes Act. The maximum penalty is 14 years imprisonment, with a standard non-parole period of five years.

3. Possess shortened firearm without authority, contrary to s 62(1)(b) of the Firearms Act 1996. The maximum penalty is 14 years. There is no standard non-parole period. The firearm that was possessed was a sawn-off shotgun.

4. A second charge of possess shortened firearm without authority, contrary to s 62(1)(b) of the Firearms Act 1996. The maximum penalty is 14 years. There is no standard non-parole period. This charge relates to a second firearm in possession of the offender, which was a self-loading rifle.

2. The offender was arrested on 1 May 2017. He has been in custody since that date. From 28 June 2017 until 27 August 2017 the offender served a two month fixed term for an unrelated matter.

3. The maximum penalty and the standard non-parole period are an important guidepost in the assessment of sentence. A judge should steer by the maximum penalty and standard non-parole period but not aim for it.

PLEA OF GUILTY

4. The offender entered pleas in relation to the shortened firearms, the subject of counts 4 and 5 on arraignment on 2 February 2018. A trial was set down in relation to counts 1, 2 and 3 on an indictment dated 1 February 2018…