R v Farrell

[2024] NSWDC 559

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Farrell [2024] NSWDC 559

Hearing dates:

19/9/24, 20/9/24

Date of orders:

20/9/24

Decision date:

20 September 2024

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to a term of imprisonment of 5 years 10 months with a NPP of 3 years 10 months (25/9/23-24/7/27). I find special circumstances. Form 1 taken into account.

Catchwords:

Crime – Sentence - Fire firearm at dwelling house with disregard for safety

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Barlow v R [2008] NSWCCA 96

Dixon v R [2020] NSWCCA 123

DPP (Cth) v De La Rosa [2010] NSWCCA 194

Powell v R [2014] NSWCCA 69

Quealey v R [2010] NSWCCA 116

R v Mitchell [2007] NSWCCA 296

R v Swan [2006] NSWCCA 47

Zabakly v R [2021] NSWCCA 155

Category:

Sentence

Parties:

NSW DPP – Crown
Aaron Farrell - Offender

Representation:

Mr H Cavanagh for Crown
Mr M Hawila for Offender

File Number(s):

23/239019

Publication restriction:

The names of any victims or alleged victims have been anonymised

remarks on sentence

1. Mr Aaron Farrell is for sentence today in relation to an offence of discharging a firearm with reckless disregard for safety, that being an offence under s 93GA(1) of the Crimes Act 1900. That is an offence which carries a maximum penalty of 14 years imprisonment and which has a standard non-parole period specified, namely one of five years. The maximum penalty and the standard non-parole period are of course important guide posts in the sentencing exercise and I have had regard to them in that sense.

2. The offender pleaded guilty to the offence and is therefore entitled to a 25% discount by reason of that plea and its utilitarian value. In sentencing him for the offence he also asks that I take into account on a Form 1 document a further offence to which he admits that being an offence under s 154A subs (1) (b) of the Crimes Act of knowingly drive a stolen in conveyance.

FACTS

3. The facts of the offences are agreed and relevantly summarised are as follows.

4. The victim of the sequence 5 which is the Form 1 matter offence was Mr DO. He was the owner of a 2012 model white Mitsubishi Triton which had certain distinctive modifications. On the evening of 6 October 2022 Mr DO parked the Mitsubishi in the carpark of a four wheel drive accessory store at Prestons. The intention was that staff of that store would carry out some work on the vehicle the next day. However, at 9am the next day Mr DO received a call from the shop asking whether he intended to bring the vehicle in, to which he replied that he had already left it in the carpark and that he had left the keys in a lockbox at the store. The staff of the store however confirmed that the vehicle was not there and nor were the keys.