R v Hanrahan

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The remaining sequences on the s166 certificate are withdrawn and dismissed.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