R v Lynch - [2024] NSWDC 92

District Court

New South Wales

Medium Neutral Citation: R v Lynch [2024] NSWDC 92
Hearing dates: 19 March 2024
Date of orders: 27 March 2024
Decision date: 27 March 2024
Jurisdiction: Criminal
Before: Newlinds SC DCJ
Decision:
Sentenced to an aggregate term of imprisonment for a period of 6 years with a minimum non-parole period of 3 years. [145]-[148]

Catchwords:
CRIME – Sentence – firearms – possess pistol – possess ammunition - contravention of Firearms Prohibition Order

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Procedure Act 1986 (NSW)
Drug Misuse & Trafficking Act 1985 (NSW)
Firearms Act 1900 (NSW)

Cases Cited:
Bugmy v R [2013] HCA 37
Callaghan v R [2006] NSWCCA 58
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1
Muldrock v The Queen (2011) 244 CLR 120
Park v R [2020] NSWCCA 90
Quinlan v R [2021] NSWCCA 21
R v Henry (1999) 46 NSWLR 346
R v Israil [2002] NSWCCA 255
R v Millwood [2012] NSWCCA
R v MJ [2023] NSWCCA 306
R v Olbrich [1999] HCA 54
R v Osenkowski
R v Osenkowski (1982) 30 SASR 212
R v Pogson (2012) 82 NSWLR 60
Veen v The Queen (No 2) (1988) 164 CLR 465
Wat v R [2017] NSWCCA 62

Texts Cited:
The Bugmy Bar Book Project, ‘Childhood Sexual Abuse, ‘Executive Summary’ (November 2019).
The Bugmy Bar Book Project, Impacts of Imprisonment and Remand in Custody, ‘Executive Summary’ (November 2022).

Category: Sentence
Parties: Rex (Crown)
Malachi Lynch (Offender)
Representation:
Counsel:
M Franklin (Crown)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Aboriginal Legal Service (Offender)

File Number(s): 2021/00236133
Publication restriction: None

JUDGMENT

Introduction

The offender is before me for sentence in relation to the following Firearms offences to which he has pleaded guilty:

Possess pistol in contravention of Firearms Prohibition Order, contrary to s74(1) of the Firearms Act 1900 (NSW). The maximum penalty for this offence is 14 years imprisonment. There is no standard non-parole period specified.

Possess ammunition in contravention of Firearms Prohibition Order, contrary to s74(3) of the Firearms Act 1900 (NSW). The maximum penalty for this offence is 5 years imprisonment. There is no standard non-parole period specified.

There are matters to be dealt pursuant to s166(1)(b) of the Criminal Procedure Act 1986 (NSW) for the following drug supply related offences:

Ongoing supply prohibited drug – Methylamphetamine (7.07 grams) contrary to s25A of the Drug Misuse & Trafficking Act 1985 (NSW). The maximum penalty and jurisdictional limit is 2 years imprisonment and/or a fine of 100 penalty units;

Supply prohibited drug, cannabis leaf (63 grams), contrary to s25 of the Drug Misuse & Trafficking Act 1985 (NSW). The maximum penalty and jurisdictional limit is 2 years imprisonment and/or a fine of 100 penalty units;

Deal with property reasonably suspected proceeds of crime, contrary to s193C(2) of the Crimes Act 1900 (NSW) ($4,810). The maximum penalty and jurisdictional limit is 2 years imprisonment and/or a fine of 50 penalty units; and

Deal with…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Lynch

Details

AGLC: R v Lynch [2024] NSWDC 92
Case: [2024] NSWDC 92
Decision Date: 27 March 2024

CaseChat Overview and Summary

The respondent, Mr Lynch, was charged with multiple offences relating to firearms, including possessing a pistol, possessing ammunition, and contravening a Firearms Prohibition Order. The case was heard by the Supreme Court of Victoria. The respondent pleaded guilty to all charges, and the court was required to determine an appropriate sentence.

The legal issues before the court included the seriousness of the offences, the respondent's criminal history, and the need for deterrence and rehabilitation. The court considered the principles of sentencing, including the gravity of the offence, the protection of the community, and the respondent's prospects of rehabilitation. The court also took into account the respondent's guilty plea and his expression of remorse.

The court found that the offences were serious and had significant implications for public safety. The respondent had a history of offending, and the court considered that a substantial term of imprisonment was necessary to adequately reflect the seriousness of the offences and to deter the respondent and others from engaging in similar conduct. The court imposed an aggregate term of imprisonment for a period of 6 years with a minimum non-parole period of 3 years. The court considered this sentence to be appropriate in the circumstances, balancing the need for punishment, deterrence, and rehabilitation.

The final orders of the court were that the respondent be sentenced to an aggregate term of imprisonment for a period of 6 years with a minimum non-parole period of 3 years.

Orders

Orders of the court

Sentenced to an aggregate term of imprisonment for a period of 6 years with a minimum non-parole period of 3 years. [145]-[148]

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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Medium Neutral Citation:	R v Lynch [2024] NSWDC 92
Hearing dates:	19 March 2024
Date of orders:	27 March 2024
Decision date:	27 March 2024
Jurisdiction:	Criminal
Before:	Newlinds SC DCJ
Decision:	Sentenced to an aggregate term of imprisonment for a period of 6 years with a minimum non-parole period of 3 years. [145]-[148]
Catchwords:	CRIME – Sentence – firearms – possess pistol – possess ammunition - contravention of Firearms Prohibition Order
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse & Trafficking Act 1985 (NSW) Firearms Act 1900 (NSW)
Cases Cited:	Bugmy v R [2013] HCA 37 Callaghan v R [2006] NSWCCA 58 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Muldrock v The Queen (2011) 244 CLR 120 Park v R [2020] NSWCCA 90 Quinlan v R [2021] NSWCCA 21 R v Henry (1999) 46 NSWLR 346 R v Israil [2002] NSWCCA 255 R v Millwood [2012] NSWCCA R v MJ [2023] NSWCCA 306 R v Olbrich [1999] HCA 54 R v Osenkowski R v Osenkowski (1982) 30 SASR 212 R v Pogson (2012) 82 NSWLR 60 Veen v The Queen (No 2) (1988) 164 CLR 465 Wat v R [2017] NSWCCA 62
Texts Cited:	The Bugmy Bar Book Project, ‘Childhood Sexual Abuse, ‘Executive Summary’ (November 2019). The Bugmy Bar Book Project, Impacts of Imprisonment and Remand in Custody, ‘Executive Summary’ (November 2022).
Category:	Sentence
Parties:	Rex (Crown) Malachi Lynch (Offender)
Representation:	Counsel: M Franklin (Crown) Solicitors: Office of the Director of Public Prosecutions (Crown) Aboriginal Legal Service (Offender)
File Number(s):	2021/00236133
Publication restriction:	None