Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Farrell [2015] NSWCCA 68 Hearing dates: 18 March 2015 Date of orders: 21 April 2015 Decision date: 21 April 2015 Before: Simpson J at [1]
Rothman J at [2]
Bellew J at [14]Decision: The Crown appeal is dismissed
Catchwords: CRIMINAL LAW – Appeal – Crown appeal against inadequacy of sentence imposed for the possession of an unauthorised pistol – Where sentencing judge found that the respondent had come into possession of the firearm essentially by chance and not as a consequence of deliberately sourcing it – No evidence that the respondent possessed the firearm for any intended criminal purpose – No evidence that he was intending to use it – No evidence that he was proposing to sell it – Where sentencing judge found no evidence to support the conclusion that the offending was objectively serious or grave – Where sentencing judge found the offending fell below the mid-range of objective seriousness - Where respondent was sentenced to 2 years imprisonment to be served by way of Intensive Correction Order – Where respondent had already spent 9½ months in custody solely in respect of the same charge – Sentence not manifestly inadequate – Crown appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)Cases Cited: Carroll v The Queen [2009] HCA 13; (2009) 83 ALJR 579
CMB v Attorney-General (NSW) [2015] HCA 9; (2015) 317 ALR 308
Cranssen v The Queen [1936] HCA 42; (1936) 55 CLR 509
Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321
Everett v R [1994] HCA 49; (1994) 181 CLR 295
Green v R; Quinn v R [2011] HCA 49; (2011) 244 CLR 462
Griffiths v R [1977] HCA 44; (1977) 137 CLR 293
House v the King [1936] HCA 40; (1936) 55 CLR 499
R v Farrell [2014] NSWCCA 30
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346
R v MD and ors [2005] NSWCCA 342; (2005) 156 A Crim R 372.
R v Thalari [2009] NSWCCA 170; (2009) 75 NSWLR 307Category: Principal judgment Parties: Regina – Appellant Representation: Counsel:
Solicitors:
Mr K McKay – Appellant
Mr G James QC and Mr E James - Respondent
File Number(s): 2013/36983 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- /
- Before:
- Hanley SC DCJ
Judgment
-
SIMPSON J: I agree with Bellew J.
-
ROTHMAN J: I have had the benefit of the reasons for judgment of Bellew J and his thorough analysis of the issues. I agree with his conclusion that the appeal should be dismissed, but I do so on a different basis.
-
The offence with which the respondent was charged is the possession of an unauthorised pistol, the maximum sentence for which is 14 years’ imprisonment, with a standard non-parole period of 3 years. Each is a guidepost to…
Continue reading R v Farrell
Sign in free to access the full text
- AGLC
- R v Farrell [2015] NSWCCA 68
- Case
- [2015] NSWCCA 68
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the sentence imposed by the sentencing judge was manifestly inadequate. The court had to determine if the sentencing judge had erred in finding that the offending was not objectively serious or grave, and whether the sentence fell below the mid-range of objective seriousness. The court also had to consider whether the sentence was appropriate in the circumstances, taking into account the respondent's already spent time in custody.
The court found that the sentencing judge's assessment of the objective seriousness of the offending was not flawed, and that the sentence imposed was not manifestly inadequate. The court held that the respondent had come into possession of the firearm by chance, and there was no evidence to support the conclusion that the offending was objectively serious or grave. The court further found that the sentence of 2 years imprisonment, to be served by way of an Intensive Correction Order, was appropriate in the circumstances. The court noted that the respondent had already spent 9½ months in custody solely in respect of the same charge, and that the sentence did not result in double punishment for the same offence.
The court dismissed the Crown's appeal against the sentence, holding that it was not manifestly inadequate. The court found that the sentence imposed by the sentencing judge was appropriate and reflected the circumstances of the case.
Orders
Orders of the court
Full text does not contain this section.
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
Full text does not contain this section.