R v Jarrod Craig Hussey

District Court

New South Wales

Medium Neutral Citation:	R v Jarrod Craig Hussey [2019] NSWDC 34
Hearing dates:	21 November 2018
Decision date:	28 February 2019
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Sentence of full-time custody to be served by Intensive Correction Order. For orders see [39]
Catchwords:	Possession of firearm
Legislation Cited:	Firearms Act 1996 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	R v Farrell [2015] NSWCCA 68 R v Pullen [2018] NSWCCA 264
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Jarrod Craig Hussey (Offender)
Representation:	Counsel: E James (Offender)   Solicitors: S Fliegner (Crown Solicitor)
File Number(s):	16/376026
Publication restriction:	Nil

REMARKS ON SENTENCE

1. On 18 September 2018 the offender pleaded not guilty on arraignment to an offence pursuant to s 7(1) of the Firearms Act 1996 as follows:

On 19 November 2015, at Homebush West, in the State of New South Wales, did possess a prohibited pistol, namely, 9mm IMI Baby Eagle pistol, not being authorised to do so by a licence or permit.

2. The trial proceeded by judge alone and on 21 September 2018 I entered a verdict of guilty. My reasons for that verdict, and my findings of fact are set out in my judgment on verdict. Those findings led to a conclusion that, at the relevant time, the offender was in possession of the subject firearm pursuant to the extended definition of possession contained in s 4 and s 4A of the Firearms Act 1996.

3. The maximum penalty for the offence is 14 years imprisonment and there is a Standard Non-Parole Period of 4 years imprisonment.

The sentence hearing

4. The sentence hearing took place on 21 November 2018. The Crown Sentence Summary became Ex A. It included my judgment on verdict. It also contained the offender’s criminal antecedents as follows.

5. On 31 January 2017 at Liverpool Local Court the offender was sentenced in respect of the following four offences:

1. 8 December 2015 – armed with intent to commit indictable offence – Intensive Correction Order for 12 months commencing 31 January 2017.

2. 8 December 2015 – common assault – ICO 12 months

3. 23 June 2016 – possess prohibited drug – S 9 Bond 12 months.

4. 23 June 2016 – possess prohibited drug – ICO 12 months commencing 31 January 2017 on conditions.

6. Each of those offences occurred after the subject offence.

7. Exhibit B was a Sentencing Assessment Report under the hand of Mr Chris Hanna dated 18 October 2018. Under the heading “Factors Related to Offending”, the author noted that the offender attributed his offending behaviour to his choice of poor associates. Since leaving the Australian Army, he had formed ties with an outlaw motorcycle group. The author noted that he partially agreed with the police facts, however, he stated that “the evidence was poor and he felt that he should not have been found guilty of the offence”. The offender expressed the view that he was found guilty based on a technicality as he was unaware that there were firearms at his…