R v Hanrahan

Case [2023] NSWDC 230


District Court


New South Wales

Medium Neutral Citation: R v Hanrahan [2023] NSWDC 230
Hearing dates: 22/2/23
Date of orders: 22/2/23
Decision date: 22 February 2023
Jurisdiction:Criminal
Before: Bourke SC DCJ
Decision:

Convicted and sentenced to an aggregate term of imprisonment of 2 years 5 months with a NPP of 15 months (14/11/22-13/2/24). I find special circumstances.

Indicative sentences (after 25 percent discount for plea of guilty):

Seq 5, Possess>3 unreg firearms – 27 months with NPP 14 months (Form 1 taken into account).

Seq 35, Possess proh weapon without permit – 7 months with NPP 4 months.

Seq 17 on s166 cert, Not keep firearm safely – 9 months

The remaining sequences on the s166 certificate are withdrawn and dismissed.

I order the destruction of the firearms and related items.

I direct that a copy of the report of Megan Godbee of 10/2/23 and the two reports of Dr Muthukrishnan be provided to Corrective Service and Justice Health.

Catchwords:

Crime – Sentence – Possession of unregistered firearms – Not keep firearms safely – Possess ammunition without authority

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Firearms Act 1996

Weapons Prohibition Act 1998

Cases Cited:

Aird v R [2022] NSWCCA 35

Basedow v R [2010] NSWCCA 76

Mack v R [2009] NSWCCA 216

R v Cromarty [2004] NSWCCA 54

R v Fangaloka [2019] NSWCCA 173

R v Mahmud [2010] NSWCCA 219

Taylor v R [2018] NSWCCA 50

Category:Sentence
Parties: NSW DPP – Crown
Noel Edward Hanrahan - Offender
Representation: Ms Parsons for Crown
Ms Carr for Offender
File Number(s): 21/343218

sentence

  1. The offender, Mr Noel Hanrahan, appears for sentence in relation to three offences as follows:

  2. The sequence 5 offence, which is under s 51D(2) of the Firearms Act 1996, of being in possession of more than three unregistered firearms, at least one of them being a prohibited pistol. The maximum penalty for that offence being 20 years’ imprisonment and a ten year standard non-parole period is specified.

  3. The sequence 35 offence is one under s 7(1) of the Weapons Prohibition Act 1998, which relates to the possession of a silencer and carries a maximum penalty of 14 years’ imprisonment with a standard non-parole period of five years being specified.

  4. The third offence is the sequence 17 offence, which is on a s 166 certificate, being an offence under s 39(1)(a) of the Firearms Act of not keeping firearms safely and, with respect to that offence, the relevant maximum penalty is two years’ imprisonment and/or a fine of up to $5,500.

  5. In addition, the offender asks that, in sentencing him for the sequence 5 offence, I take into account on a Form 1 document another offence, which is one of possessing ammunition without relevant authority, that being an offence under s 65(3) of the Firearms Act. The maximum penalties and, where applicable, standard non-parole periods are, of course, important guideposts in the sentencing exercise to which I have had regard.

  6. The offender pleaded guilty at the…

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AGLC
R v Hanrahan [2023] NSWDC 230
Case
[2023] NSWDC 230
Decision Date

CaseChat Overview and Summary

The defendant, Hanrahan, was convicted of multiple firearm-related offences and faced the Supreme Court for sentencing. Hanrahan was found to be in possession of unregistered firearms, ammunition without authority, and failed to keep firearms safely. The court needed to determine an appropriate sentence that reflected the seriousness of the offences and the principles of sentencing for such crimes.

The primary legal issue was to determine an appropriate aggregate sentence for Hanrahan's multiple convictions, taking into account the plea of guilty and the need for general and specific deterrence. The court also needed to decide whether special circumstances existed to justify a harsher sentence.

The court found that the offences were serious, with the potential for significant harm, and that there was a need for both general and specific deterrence. The court accepted that there were special circumstances due to the number of firearms and the disregard for safety protocols. After applying a 25 percent discount for the plea of guilty, the court sentenced Hanrahan to an aggregate term of imprisonment of two years and five months, with a non-parole period of 15 months. The court ordered the destruction of the firearms and related items and directed that specific medical reports be provided to Corrective Services and Justice Health.

The court made final orders including the imposition of the specified sentence, the destruction of the firearms and related items, and the provision of medical reports to relevant authorities.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 2 years 5 months with a NPP of 15 months (14/11/22-13/2/24). I find special circumstances.

Indicative sentences (after 25 percent discount for plea of guilty):

Seq 5, Possess>3 unreg firearms – 27 months with NPP 14 months (Form 1 taken into account).

Seq 35, Possess proh weapon without permit – 7 months with NPP 4 months.

Seq 17 on s166 cert, Not keep firearm safely – 9 months

The remaining sequences on the s166 certificate are withdrawn and dismissed.

I order the destruction of the firearms and related items.

I direct that a copy of the report of Megan Godbee of 10/2/23 and the two reports of Dr Muthukrishnan be provided to Corrective Service and Justice Health.

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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