District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Ferguson [2021] NSWDC 226 Hearing dates: 26 March 2021 Decision date: 09 April 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: SENTENCE: Aggregate sentence of 3 years 4 months with a non- parole period of 2 years 1 month.
PROCEEDS OF CRIME- forfeiture order $23,650
Catchwords: CRIME – possess prohibited firearm while subject to firearms prohibition order - Use unregistered firearm-prohibited firearm - Deal with property proceeds of crime under $100,000- possess ammunition
CRIMINAL PROCEDURE — Back up and related offence – not guilty plea- Deal with property proceeds of crime under $100,000 - what is a reasonable suspicion - guilty verdict- reasonable grounds to suspect that the property was the proceeds of crime
SENTENCING — Relevant factors on sentence — late guilty plea- offer to plea to similar facts rejected by prosecution in local court- level of utilitarian discount determined - underlying purpose of the early guilty plea scheme- related offence defended- application of sentencing principle- purposes of sentencing - need for individualised sentence – time in custody- evidence about the offender’s background uncontroversial- unsworn evidence going to the objective circumstances of the offending of little value- offender’s medical condition and problems obtaining treatment in custody - ill‑health can mitigate punishment - assistance by facilitating surrender of pistol
SUMMARY HEARING:- Deal with property proceeds of crime under $100,000 - guilty verdict
Legislation Cited: CrimesAct1900
FirearmsAct1996
FirearmsAct1996
Criminal Code Act 1995 (Cth)
Cases Cited: Anderson v R (1992) 62 A Crim R 277
Barbaro v The Queen (2014) 253 CLR 58
Chenv Director of Public Prosecutions (Cth) [2011] NSWCCA 205
CMBvAttorneyGeneral NSW (2015) 256 CLR 346; [2015] HCA 9
Director of Public Prosecutions (Cth) v Ngo [2012] NSWSC 1521
Edensv Clearly [1975} 1 NSWLR 278
Ex Parte Patmoy; Re Jack (1944) SR (NSW) 351
Forrestv Director of Public Prosecutions (NSW) [2020] NSWCA 162
George v Rocket (1990) 170 CLR 104; 93 ALR 483; 64 ALJR 384; 48 A Crim R 246 at 115
GrantvTheQueen (1981) 147 CLR 503
Hili v The Queen (2010) 242 CLR 520
HusseinvChongFookKam (1970) AC 942
Irwin V R [2019[ NSWCCA 133
Olbrich v The Queen (1999) 199 CLR 270
R v AZ (2011) 205 A Crim R
R v Buckett (1994) 132 ALR 669
R v Ditmar [1973] NSWLR 722
R v English (1989) 17 NSWLR 149
RvJDX, JDXv R [2017] NSWCCA 9
RvKrstic [2005} NSWCCA 391
R v McKellar (No 3) [2014] NSWSC 106
RvQutami [2001] NSWCCA 353
R v Zotti [2002] SASC 164; (2002) 82 SASR 554
Sumrein v R [2019] NSWCCA 83
The Queen v Grant (1981) 147 CLR 503
The Queen v Pham 2015) 256 CLR 550 [2015] HCA 39
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- AGLC
- R v Ferguson [2021] NSWDC 226
- Case
- [2021] NSWDC 226
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the defendant had a reasonable suspicion that the property in question was the proceeds of a crime, and whether the defendant's late guilty plea warranted a discount in sentencing. The court also had to consider the principles of sentencing, including the need for an individualised sentence that reflected the defendant's background and medical condition, as well as the purposes of sentencing such as punishment, deterrence, and rehabilitation.
The court found that there were reasonable grounds to suspect that the property was the proceeds of crime, and that the defendant's late guilty plea warranted a discount in sentencing. The court also considered the defendant's background and medical condition, and found that these factors warranted a further discount in sentencing. The court ultimately sentenced the defendant to an aggregate sentence of 3 years and 4 months, with a non-parole period of 2 years and 1 month. The court also made a proceeds of crime forfeiture order for $23,650.
The court ordered that the defendant be sentenced to a total of 3 years and 4 months imprisonment, with a non-parole period of 2 years and 1 month. The court also ordered that property worth $23,650 be forfeited as proceeds of crime.
Orders
Orders of the court
SENTENCE: Aggregate sentence of 3 years 4 months with a non- parole period of 2 years 1 month.
PROCEEDS OF CRIME- forfeiture order $23,650
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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